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Patna High Court

Arjun DasversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed, granting the petitioner liberty to approach a civil court for further relief.

Summary

Arjun Das filed a writ petition seeking to quash an order dated 13-02-2026 passed by the District Magistrate of Jamui, which he alleged adversely affected his claim over certain raiyti lands identified as Khata No. 96, Kheshra Nos. 1248 and 1249 in Mauza Lakhankiyari. He contended that he possessed occupancy rights over the land for more than five decades and that any deficiency in the record of right in the Jamabandi should not be a basis to deny his claim. The petitioner also requested a declaration that he could not be dispossessed without a competent court decree. The court, after hearing counsel, granted the petitioner liberty to approach the appropriate civil court for redress. Consequently, the writ petition was disposed without granting any substantive relief.

Issues considered

  • Whether the order of the District Magistrate dated 13-02-2026 should be quashed.
  • Whether a deficiency in the record of right in the Jamabandi can be a ground to deny a 50-60 year old Jamavandi claim.
  • Whether the petitioner has a legal right to occupy the land without a court decree.

Subjects

  • rai​yti land
  • revenue law
  • writ jurisdiction
  • quashing order
  • land dispute
  • Jamabandi
  • record of right

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5645 of 2026
                 ======================================================
                 Arjun Das Son of late Dhanpat Das, Resident of Village and PO Dumari,
                 Dumari Khas, P.S. - Sono, District- Jamui, Bihar.

                                                                     ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Principal Secretary, Panchayati Raj
                 Department, Patna, Bihar.
           2.    The Principal Secretary, Panchayati Raj Department, Patna, Bihar.
           3.    The District Magistrate, Jamui, District- Jamui.
           4.    The District Panchyat Raj Officer, District- Jamui.
           5.    The Executive Engineer, Building Construction Division, Jamui.
           6.    The Circle Officer, Anchal - Sono, District- Jamui.
           7.    The Executive Officer, (Panchayat Sammati)-cum-Block Panchayat Raj
                 Officer, Block - Sono, District- Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjay Kumar, Advocate
                 For the Respondent/s   :      Mr. Government Pleader 20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-04-2026                 Heard Mr. Sanjay Kumar, learned counsel for the

                   petitioner and Mr. Mrigendra Kumar, learned counsel for the

                   State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “(i) for quashing of the order dated

                                  13.02.2026 passed by the respondent District

                                  Magistrate cum Collector, Jamui in Revenue

                                  Rayati Case No. 02/2025-26 contained in Memo

                                  No. 462 dated 25.02.2026.
          Patna High Court CWJC No.5645 of 2026(2) dt.28-04-2026
                                                      2/2




                                                (ii) For further holding that the land

                                    pertains to Khata No. 96, Kheshra No. 1248 and

                                    1249 under Mauza-Lakhankiyari is raiyti land of

                                    petitioner having occupancy right and cannot be

                                    ejected/dispossessed without judgment and decree

                                    of the court having competent jurisdiction.

                                                (iii) For also holding that deficiency in

                                    record of right as not mentioned the Jammabandi

                                    of petitioner, cannot be ground to deny 50-60 years

                                    old Jamavandi.

                                                (iv) For any reliefs for which the

                                    petitioner is found entitled in the facts and

                                    circumstances of the present case.”

                                3. After some argument, learned counsel for the

                    petitioner submits that he shall be approaching the competent

                    Civil Court for the redressal of the grievance.

                                4. Granting said liberty, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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