Patna High Court
Janardan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed, and the petitioners are directed to pursue their pending appeal before the Collector.
Summary
The petitioners, a group of Yadav family members, challenged an order dated 04‑09‑2025 issued by the Additional Collector of Banka that cancelled the old settlement of a 3.30‑acre land parcel originally in the name of the late Chamak Lal Yadav. They claimed continuous possession since 1972, asserting that they had acquired occupancy rights and thus ownership, and sought a writ of certiorari to quash the cancellation, a writ of direction to prevent dispossession without compensation, and an alternative settlement of government land. The State argued that the petitioners had already filed appeal No. 125 of 2025‑26 before the Collector, which was pending. The Court noted that the existence of a pending appeal barred the writ petition and that the appropriate remedy was to pursue the appeal before the Collector. Consequently, the Court disposed of the writ petition, directing the petitioners to continue their case in the pending appeal. The order emphasized the principle that courts should not interfere with administrative decisions when a statutory remedy is available.
Issues considered
- Whether the writ petition is maintainable in view of the pending appeal before the Collector.
- Whether the court can quash the Additional Collector’s order cancelling the land settlement.
- Whether the petitioners have acquired ownership rights through long possession.
Subjects
- land settlement
- writ of certiorari
- occupancy right
- administrative law
- pending appeal
- land reform
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.50 of 2026
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1. Janardan Yadav Son of Late Chamak Lal Yadav, Resident of village Jamaiya
Chak, P S Shambhuganj, District Banka, At Present Village Belsine, PO
Kaswa, PS Shambhuganj, District Banka.
2. Santosh Yadav, Son of Late Chamak Lal Yadav, Resident of village Jamaiya
Chak, P S Shambhuganj, District Banka, At Present Village Belsine, PO
Kaswa, PS Shambhuganj, District Banka.
3. Kundan Yadav, Son of Late Chamak Lal Yadav, Resident of village Jamaiya
Chak, P S Shambhuganj, District Banka, At Present Village Belsine, PO
Kaswa, PS Shambhuganj, District Banka.
4. Mira Devi, Wife of Bhola Yadav, Resident of village Jamaiya Chak, P S
Shambhuganj, District Banka, At Present Village Belsine, PO Kaswa, PS
Shambhuganj, District Banka.
5. Nilam Devi, Wife of Umesh Yadav and daughter of Late Chamak Lal Yadav,
Resident of village Jamaiya Chak, P S Shambhuganj, District Banka, At
Present Village Belsine, PO Kaswa, PS Shambhuganj, District Banka.
6. Sanjana Devi, Wife of Late Manoj Yadav, Resident of village Jamaiya Chak,
P S Shambhuganj, District Banka, At Present Village Belsine, PO Kaswa, PS
Shambhuganj, District Banka.
7. Nibha Devi, Wife of Panjak Yadav and daughter of Law of Late Chamak Lal
Yadav, Resident of village Jamaiya Chak, P S Shambhuganj, District Banka,
At Present Village Belsine, PO Kaswa, PS Shambhuganj, District Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through Circle Officer, Amarpur, District Banka.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
4. The Collector, Banka, District Banka.
5. The Deputy Collector, Bhagalpur, District Bhagalpur.
6. The Deputy Collector, Banka, District Banka.
7. The S.D.O. (Sub Divisional Officer), Bhagalpur, District Bhangalpur.
8. The S.D.O. (Sub Divisional Officer) Banka, District Banka.
9. The Circle Officer, Amarpur, District Banka.
10. The S.H.O. Police Station, Amarpur, District Banka.
... ... Respondent/s
======================================================
Appearance :
Patna High Court CWJC No.50 of 2026(3) dt.16-03-2026
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For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate
For the State : Mr. Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature
of certiorari for quashing the order dated
04.09.2025 passed by the Additional Collector,
Banka, District Banka in Jamabandi
cancellation Case No. 126/2025-26 by which he
has canceled the old settlement of Land area 3
Acre 30 decimals from the part land of
Jamabandi no. 119 which is stand in the name of
army Nayak Hawaldar namely Chamak Lal
Yadav (deceased) bearing Khata no. 39, Khesra
No. 65 situated in Mouza Pathki, P.S. Amarpur,
District-Banka.
(ii) for issuance of writ of direction
commanding respondent authority not to
disposses the petitioner from the land in question
in any manner without acquiring the land of
petitioner any making the payment of
Patna High Court CWJC No.50 of 2026(3) dt.16-03-2026
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compensation of the land because petitioners are
in possession over the same since 1972 till date
and hence they have acquired occupancy right
and became the owner of the land.
(iii) for issuance of direction to the
respondent authorities particularly respondent
nos. 4 and 9 to settle the other land of
Government in lieu of the land area 3.30 acres in
some other place in vacant land of the Govt. is
available.
(iv) for issuance of such other
appropriate writ/order/direction which may
deem fit proper in the facts and circumstances of
this case for the ends of justice.”
3. A counter affidavit has come on behalf of the
Circle Officer, Amarpur, Banka which shows that the petitioner
has already preferred an appeal no. 125 of 2025-26 before the
Collector, Banka which is currently pending.
4. A copy has been served upon the learned counsel
for the petitioner and there is no rebuttal.
5. In that background, the writ petition is disposed of
allowing the petitioner to pursue his case before the Collector,
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Banka for in the aforesaid appeal.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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