Patna High Court
Arjun DasversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- raiyti 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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