Patna High Court
Pankaj Kumar KunwerversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The Court held that the petitioner must first produce documentary proof of title, after which the Circle Officer shall adjudicate the claim and pass a reasoned order.
Summary
The petitioner, Pankaj Kumar Kunwer, filed a writ petition seeking quash of a notice issued by the Circle Officer proposing construction of a Panchayat Bhawan on a portion of his raiyati land in Mauza‑Mukimpur. He claimed the land is ancestral, settled in his family’s favour in 1924 and subsequently recorded in the Jamabandi, with rent receipts since 1962 and a land possession certificate issued in 2009. The State argued that the notice merely required the petitioner to produce evidence of his title, and that the matter should be decided by the Circle Officer after such production. The Court directed the petitioner to submit all relevant title documents within fifteen days and ordered the Circle Officer to hold a personal hearing and pass a reasoned order within two months of receipt. Accordingly, the writ application was disposed without quashing the notice.
Issues considered
- Whether the notice proposing construction of Panchayat Bhawan on the petitioner’s raiyati land can be quashed.
- Whether the petitioner has a valid title and right to the land in question.
- Whether the appropriate forum for adjudicating the title dispute is the Circle Officer after the petitioner produces evidence.
Subjects
- rai yati land
- land title dispute
- Panchayat Bhawan
- writ jurisdiction
- Circle Officer
- zamindari abolition
- land possession certificate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.494 of 2026
======================================================
Pankaj Kumar Kunwer S/o Late Jamuna Kunwar, Resident of House No. 12,
street No. 20, Anand Nagar, Patiala, Punjab At Present Village -Akhtiyarpur,
P.O and P.S.-Garkha, District-Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary/Additional Chief
Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
2. The Collector cum District Magistrate, Saran at Chapra.
3. The Circle Officer, Garkha, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Respondent/s : Mr. Anant Pd Singh Standing Counsel (15)
Mrs. Deepika Sharma, AC to SC 15
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 20-01-2026 1. Heard the parties.
2. The petitioner has filed the present writ application for
quashing the notice no. 1698 dated 12.12.2025 issued by the
respondent no. 3 - Circle Officer, Garkha, District- Saran at
Chapra whereby there is a proposal for construction of
Panchayat Bhawan upon the raiyati land of the petitioner
situated at Mauza -Mukimpur , Thana No. 431, Khata No. 296,
Survey No. 1088 to the extent of 5 Katha 8 Dhur 12 Dhurki out
of the total area of land measuring 19 Katha 18 Dhur.
3. Learned counsel for the petitioner submits that land in
question is the ancestral / raiyati land of the petitioner which
was settled in favour of Devki Kuwar by the ex-landlord on
Patna High Court CWJC No.494 of 2026(2) dt.20-01-2026
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12.02.1924. After abolition of Zamindari system, Jamabandi
was created in the name of petitioner’s ancestors having
Jamabandi No. 87 (Old) / 85 (New) and the petitioner has been
paying rent revenue since long and the receipts starting from
1962 onward has been annexed as Annexure P-3 Series to the
writ petition. L.P.C. has also been issued in favour of the
petitioner by Circle Officer, Garkha, Saran on 17.09.2009
pertaining to the subject land. The co-sharers of the petitioner
has transferred some portion of the land in favour of the
purchasers, sale deed of which has been annexed as Annexure -
5 Series.
4. Learned counsel for the State submits that notice has
been issued only to the effect to the petitioner to produce
evidence in his favour showing that the land in question belongs
to the petitioner and his predecessor in interest. Accordingly, the
petitioner may approach the authority and produce all the
relevant documents in support of his claim which may be
decided by Circle Officer, Garkha, Saran at Chapra in
accordance with law.
5. Considering the nature of dispute in the writ application,
the petitioner is directed to produce all relevant papers showing
his right, title and interest upon the subject land
Patna High Court CWJC No.494 of 2026(2) dt.20-01-2026
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before the Circle Officer, Garkha, Saran at Chapra within fifteen
days from today. If such papers are produced by the petitioner in
support of his claim, the respondent no. 3 - Circle Officer,
Garkha, Saran at Chapra shall be obliged to take a decision upon
the same after giving opportunity of personal hearing to the
petitioner and all concerned and shall pass a speaking and
reasoned order within a period of two months from the date of
receipt / production of the documents by the petitioner.
6. With the aforesaid observation and direction, this writ
application is disposed of.
(Anil Kumar Sinha, J)
praful/-
U
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