Patna High Court
Bhelu RavidasversusThe State of Bihar, through the Principal Secretary, Department of Revenue and Land Reforms,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was disposed of without granting the reliefs sought.
Summary
The petitioner, Bhelu Ravidas, filed a writ petition seeking quashing of a notice issued in a Jamabandi cancellation proceeding initiated by the Additional Collector, Jamui, under Section 9 of the Bihar Mutation Act, and restraining the respondents from interfering with his possession of land settled in 1979-80. He claimed uninterrupted possession of the land for decades and alleged that the proceedings were motivated by animosity. The State counsel argued that the notice had been duly issued and the petitioner was afforded an opportunity to present his case. The Court observed that the petitioner should file a reply to the notice before the authority to allow the matter to be concluded. Consequently, the Court disposed of the writ petition without granting the reliefs sought.
Issues considered
- Whether the notice issued under Section 9 of the Bihar Mutation Act for Jamabandi cancellation can be quashed.
- Whether the respondents can be restrained from interfering with the petitioner's possession of the land.
- Whether an interim stay of the Jamabandi cancellation proceedings is warranted.
Subjects
- writ petition
- Jamabandi cancellation
- land possession
- Bihar Mutation Act
- Section 9
- interim stay
- quashing notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5578 of 2026
======================================================
Bhelu Ravidas Son of Sri Laro Ravidas, Resident of Village - Hariyadih, P.O.
Bhour, Anchal, P.S. Khaira, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Revenue
and Land Reforms, Bihar, Patna.
2. The District Collector- cum-District Magistrate, Jamui.
3. The Additional Collector, Jamui.
4. The Deputy Collector Land Reforms (DCLR), Jamui.
5. The Circle Officer, Kharia Block, District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Adv.
For the Respondent/s : Mr. Prashant Pratap, GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of a writ order or
direction for for quashing the notice
contained in memo no.506 in Jamabandi
cancellation case no.151/2023 dated
12.03.2024 initiation of Jamabandi
cancellation proceeding by the Addl.
Collector, Jamui in respect of the land settled
by the D.C.L.R., Jamui in year 1979-80 after
a laps of five (5) decades under the
provisions of section 9 of the Bihar Mutation
Act.
Patna High Court CWJC No.5578 of 2026(2) dt.28-04-2026
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(ii) For issuance of an appropriate
writ order or direction restraining the
respondents in interfering the peaceful
possession and occupation of the petitioner
in respect of land in question.
(iii) For issuance of an
appropriate writ, order or direction
restraining the respondents in peaceful
possession and occupation of the land-in-
question.
(iv) For grant of ad-interim stay of
the further proceeding of the Jamabandi case
no.813 during the pendency of this writ
application.
(v) Any other relief or reliefs for
which petitioner may be found entitled under
the law.
3. After some argument, learned counsel for the
petitioner submits that the petitioner shall be filing reply, if not
filed and if the matter is pending. He further submits that he will
be filing a detailed reply to show that for decades, the land
remained in the possession of the petitioner uninterrupted and
only because of some animosity, the present proceeding.
4. Learned State Counsel submits that notice has been
issued, the petitioner has all the opportunity to put forward all
his view points along with supporting documents.
5. This Court is also of the opinion that if the matter is
Patna High Court CWJC No.5578 of 2026(2) dt.28-04-2026
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still pending and merely notice has been issued, it would be
appropriate for the petitioner to file his reply before the
concerned authority so that it is taken to its logical conclusion at
an earliest.
6. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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