Patna High Court
Rekha SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court dismissed the writ petition, directing the Collector to dispose of the pending appeal within three months and restraining the respondents from further harassment of the petitioners.
Summary
The petitioners, heirs of a land purchased in 1961, sought a writ of certiorari to quash the Additional Collector's order dated 10‑10‑2023 cancelling their long‑standing Jamabandi entries (Nos. 772, 780, 313). They alleged that the cancellation was arbitrary, that they have been in peaceful possession since 1961, and that the State had previously failed to restore their title despite earlier suits and municipal survey records. An appeal (No. 90/2024) against the cancellation order is pending before the Collector, Purnea, but no hearing has taken place for two years, causing the petitioners hardship and threats of forcible possession. The Court observed that the appeal must be heard and disposed of promptly and that the petitioners should not be subjected to further harassment pending that disposal. Accordingly, the writ petition was disposed with a direction that the Collector dispose of the appeal within three months and maintain the status quo, without granting any substantive relief against the cancellation order.
Issues considered
- Whether the Additional Collector's order cancelling the Jamabandi entries is liable to be quashed by a writ of certiorari.
- Whether the pending appeal before the Collector should be expedited and the petitioners protected from harassment pending its disposal.
Subjects
- Jamabandi
- Land revenue
- Cancellation order
- Writ of certiorari
- Stay of proceedings
- Property rights
- Harassment
- Land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5050 of 2025
======================================================
1. Rekha Singh D/o- Late Indeshwari Prasad Singh, Resident of Madhubani,
Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.
2. Ragini Singh, D/o- Late Indeshwari Prasad Singh, Resident of Madhubani,
Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.
3. Dr. Shailesh Kumar Singh, S/o - Late Jang Bahadur Singh, Resident of
Madhubani, Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms, Govt. of Bihar,
Patna.
3. The Joint Secretary, Revenue and Land Reforms Govt. of Bihar, Patna.
4. The Collector, Purnea.
5. The Additional Collector, Purnea.
6. The Land Reforms Deputy Collector, Sadar, Purnea.
7. The Circle Officer, Purnea East, Purnea.
8. The Sub-Divisional Officer, Sadar, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avanish Kumar Singh, Advocate
Mr. Mukul Kumar Singh, Advocate
Mr. Kr. Bal Govind Singh, Advocate
For the Respondent/s : Mr.Addl. Advocate General (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of appropriate writ or
direction in the nature of certiorari for
quashing the order dated 10.10.2023, passed
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by the learned Additional Collector, Purnea,
in Jamabandi Cancellation Case
No.07/2023-24, 16/2023-24, (Annexure 3),
cancelling the long standing Jamabandi No
772, 780, and 313, running in the name of
the petitioner Nos. 1 & 2 and father of the
petitioner No. 3, since 1961. It is relevant to
submit here that the petitioners have filed
the Jamabandi Cancellation Appeal Case
No. 90/2024, against the impugned order
dated 10.10.2023, before the learned
Collector, Purnea, but he has not been able
to hear the matter till date, meanwhile the
local administration is putting pressure upon
the petitioners and others to vacate the land
or else they would take forceful possession
of the land in question;
(ii) for a direction to the Circle Officer,
Purnea East, to restore the original
Jamabandi No-772,780 and 313 running in
the name of the Petitioners;
(iii) for restraining the respondents from
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taking forcible possession over the rayati
land of the petitioners because the
petitioners have been in peaceful possession
over the land in question since 1961 without
any objection and have been paying the land
rent since then;
(iv) for issuance of appropriate
order/direction to the respondents to
maintain the status quo till the final disposal
of the present writ;
(v) for such other and further reliefs as the
nature and circumstances of the case may
require and thought fit by this Hon'ble
Court.
3. The details of the land stands incorporated in
paragraphs 04 to 09 which read as under:
4. the land of Mouza Madhubani, P.S.-
Khajanchi Hat, Thana No-123/2, old
ward No-30, District- Purnea, bearing
Banaili Estate Private Khata No. 372,
Banaili Estate, Private Plot No.250,
area 05 Bigha 05 Katha of land with
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other more lands was originally settled
with Md. Nayeemudin, S/o- Hazi Sk.
Lomayat Hussain by the Banaili Estate
receipt No. 364 under specific
boundaries i.e. Sadak P.W in the
North, Camping Ground in the South,
Purnea Sadar Hospital in the East,
and Abdul Hafiz Mia & Alok Mia in
the West;
5. that, while in possession and being
absolute owner Md. Nayeemudin sold
the said land under Raj Baniali Estate
Katha No. 372, Banaili Estate Plot No.
250 area 05 Bigha 05 Katha with
specific boundary to the mother of
petitioner Nos. 1&2 and grandmother
of petitioner No. 3 namely Saroj Bala
Devi, W/o- Dr. Indeshwari Prasad
Singh, by virtue of a registered sale-
deed, vide Deed No. 11138 dated
10.08.1961 against the valuable
consideration;
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6. that, thereafter, Saroj Bala Devi got
the purchased land partitioned in
favour of her legal heirs and all the
legal heirs of Saroj Bala Devi got their
names mutated in the serista of State
of Bihar and on the basis of Banaili
Estate Khata No. 372, Banaili Estate
Plot No. 250, separate Jamabandi has
been created in the name of the legal
heirs of Saroj Bala Devi and also in
the name of her husband namely Dr.
Indeshwari Prasad Singh and
accordingly rent receipt was also
granted in their name, prior to
initiation of Municipal Survey
Operation;
7 that, it is worth mentioning here that
after partition and prior to the
initiation of Municipal Survey
Operation, Jamabandi No. 20/2-C was
created in the name of Kalpana Singh
and rent receipt No. 781993 dated
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31.03.1981 issued in her name and
Holding No-78'E' through Tax receipt
No. 21 609 dated-26.04.1981 also
issued in her names. Jamabandi No-
19/2-C was also created in the name of
Vijay Bahadur Singh, rent receipt No.
781992, dated 13.03.1981, issued in
his name and Holding No. 78G
through tax receipt No. 21611, dated
26.04.1981, issued in his name;
8. that similarly, Jamabandi No. 18/2-
C was created in the name of Jang
Bahadur Singh and rent receipt No.
781991 dated 31.03.1981 and
Municipal Holding No. 78H through
tax receipt No. 21612 dated
26.04.1981 issued in his name.
Further, Jamabandi No 17/2-C was
created in the name of Dr. Indeshwari
Prasad Singh and rent receipt No.
781990 dated 31.03.1981 and
Municipal Holding No. 78 Tax receipt
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No. 21604 dated 26.04.1981 were
issued in his name. Jamabandi No.
25/2-C was created in the name of
Archana Devi and rent receipt No.
781989, dated 31.03.1981, and
Municipal Holding No. 78C, through
Tax receipt No. 21607 dated
26.04.1981 were issued in her name;
9. that jamabandi No 24/2-C, was
created in the name of Rekha Singh,
and rent receipt No. 781988, dated
31.03.1981 and Municipal Holding tax
receipt vide Holding No. 78B through
tax receipt No. 21606 dated
26.04.1981, was issued in her name.
Similarly, Jamabandı No. 23/2-C was
created in the name of Ragini Devi
and rent receipt No. 781987, dated
31.03.1981, and Holding No. 78
through Holding receipt No. 21605
dated 26.04.1981 was issued in her
name.
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Jamabandi No. 22/2-C was created in
the name of Meera Singh and rent
receipt No. 781986 dated 31.06.1981
and Holding No. 78F through receipt
No. 21610 dated 26.04.1981 issued in
her name.
Lastly, Jamabandi No. 21/2-C was
created in the name of Neelu Singh
and rent receipt No. 781985 dated
31.03.1981 and Holding No. 78D
through tax receipt No. 21608 dated
26.04.1981 was issued in her name.
That, further, on the basis of aforesaid
entry in Revenue Record and the
documents submitted before Assistant
Superintendent, Municipality Purnea
in a case filed by Executive Engineer,
Public Works Department vide Case
No. 836/1980 for rectification of Khata
and plots, holding that the same was
Khas Mahal Land, the learned court of
Assistant Superintendent, Municipality
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Purnea, after hearing the parties and
perusing the documents filed by the
petitioners or their ancestor, rejected
the claim of rectification of Khata and
plots and ordered in favour of the
Petitioners or their ancestor vide his
order dated 30.05.1981.
That, during Municipal Survey
Operation, Municipal Survey Record
of right vide M.S. Khata No. 769, 777
and 310, M.S. Plot No. 1914/2656,
1914/2658, 1914/2659 stands recorded
in the name of Petitioner No. 1 and 2
and father of the Petitioner No. 3, and
in the name of other family member
and they are exercising their all
manner of right, title, interest and
possession thereon.
4. The claim of the petitioners is/are that the ancestors
purchased the land decades ago and when the Executive
Engineer, Public Works Division (as it then was) preferred Case
No. 836/2018 (the Executive Engineer, PWD vs. Jang
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Bahadur Singh & Ors.), it came to be rejected on 01.10.1981
by the Assistant Superintendent, Purnea. The further case is that
for certain piece of land belonging to the ancestors, the State of
Bihar also preferred Title Suit No. 25 of 2002 (State of Bihar &
Anr. vs. Jand Bahadur Singh and Ors.). These too came to be
dismissed for non-prosecution on 16.04.2011 and to their
knowledge, neither any step taken for its restoration nor against
the order, the State of Bihar moved further.
5. The grievance is that in the year 2023, the
Jamabandi Cancellation Case No.07/2023-24, 16/2023-24
(State of Bihar vs. Rekha Singh & Ors.) were taken up by the
Court of Additional Collector, Purnea and direction was given
for the cancellation of Jamabandi vide an order dated
10.10.2023 (Annexure-P/3).
6. Learned counsel for the petitioners submit that this
is complete harassment of the petitioners who having failed
twice before the appropriate authority/Court have chosen to take
for the cancellation of Jamabandi. He however, concedes that
an appeal has been preferred against the order of the Additional
Collector vide Appeal No. 90 of 2004 which is pending for last
two years without any fruitful outcome forcing them to move
before the Patna High Court.
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7. Learned State counsel though tried to defend the
stand of the State Government, concedes that when appeal has
been preferred before the Collector, Purnea it ought to have
taken to its logical conclusion.
8. Facts have been narrated, the Additional Collector,
Purnea has passed an order. The petitioners have preferred an
appeal, it is expected that the respondent Collector, Purnea shall
be taking up the said appeal and dispose it of at an earliest after
hearing all the parties and going through the averment/records.
9 If the case has not been disposed of, the same be
taken up and dispose of within a period of three months from
the date, the petitioners hands over the order of this Court
alongwith a fresh petition.
10. Since the appeal is pending before the Collector,
Purnea, it is expected that till its disposal, the petitioners are not
harassed unnecessarily.
11. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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