Patna High Court
Pashupati SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The writ is dismissed as withdrawn, with liberty to the petitioners to approach the Bihar Land Tribunal for relief.
Summary
Petitioners Pashupati Singh and Manju Devi filed a writ under Article 226 seeking to set aside orders dated 10‑09‑2025 and 07‑02‑2025 that cancelled a Jamabandi in favour of respondent Umesh Prasad Singh. They argued that the orders were barred because a related Bataidari dispute was pending before the High Court and that the authorities had refused to adjudicate the legality of the Jamabandi. The Court observed that the proper forum for such land‑mutation matters is the Bihar Land Tribunal, which is now functional. The petitioners requested permission to withdraw the writ and approach the Tribunal within four weeks. The High Court allowed the withdrawal, dismissed the writ as withdrawn with liberty, and directed the return of the original application with copies retained in the record.
Issues considered
- What is the appropriate forum for adjudicating the Jamabandi cancellation under the Bihar Land Mutation Act?
- Can the High Court entertain a writ under Article 226 to set aside the revision and appeal orders in a pending land dispute?
- Whether the writ application should be dismissed on the ground of withdrawal by the petitioners.
Legislation cited
Subjects
- Article 226
- Bihar Land Tribunal
- Jamabandi cancellation
- Bataidari dispute
- withdrawal of writ
- land mutation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5738 of 2026
======================================================
1. Pashupati Singh, son of Late Abhiram Singh,
2. Manju Devi, wife of Pashupati Singh,
Both resident of Village- Kathail, PS- Amarpur, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Bihar State Government, Old Secretariat, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Bihar
State Government, Old Secretariat, Patna.
3. The Commissioner, Bhagalpur Division, at Bhagalpur.
4. The Collector-cum-District Magistrate, Banka.
5. The Additional Collector, Banka.
6. Deputy Collector Land Reforms (DCLR), Banka.
7. The Circle Officer, Amarpur Block/Circle, Banka.
8. Umesh Prasad Singh, son of Late Tej Narayan Singh, resident of Village and
PO- Kathail, PS- Amarpur, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dev Kumar Pandey, Advocate
For the Respondent/s : Mr. Prateek Kumar, AC to GA 5
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the parties.
2. This writ application has been filed for the
following relief(s):
“A. For setting aside the order dated 10.9.2025
(Annexure P/12) passed by the respondent
commissioner in Jamabandi Cancellation
(JBC) Revision case no. 22/2025-26
whereby and where under the said revision
authority under Bihar Land Mutation Act
2011 refused to exercise its jurisdiction on
the ground that a writ application with
respect to the same subject land in question
Patna High Court CWJC No.5738 of 2026(2) dt.05-05-2026
2/4
is already pending between petitioners and
the respondent no. 8 herein before the
Hon'ble Patna high court on the point of a
Bataidari dispute with respect to the same
land in question and hence rejected the
revision application of petitioners at the
admission stage itself which was filed for
cancellation of Jamabandi no. 274/1452
created on the name of Respondent no. 8.
B. For setting aside the order dated 07.2.2025
(Annexure P/10), passed by the respondent
Collector in Jamabandi Cancellation
Appeal case no. 58/2022-23, whereby and
where under the said appellate authority
rejected the appeal of the petitioners on the
ground that a writ application with respect
to the same subject land is already pending
between the petitioners and Respondent no.
8 before the Hon'ble Patna high court on a
Bataidari dispute and refused to adjudicate
on the illegality of the impugned Jamabandi
no.274/1452, created on the name of
Respondent no. 8 not with standing a
categorical finding made by the same
appellate authority that there is no
possession of respondent no. 8 over the
land in question and same is lying fallow
from last 25 years.
C. For a direction upon an appropriate
authority under the Bihar Land Mutation
Act to decide the Jamabandi cancellation
case of the petitioner afresh, either at
appellate or revision forum and pass a
reasoned and speaking order in accordance
with law, after adjudicating the legality of
Jamabandi no. 274/1452 created on the
name of Respondent no. 8 herein with
respect to the land in question as detailed in
paragraph no. 4 hereunder.
D. For a direction on respondent nos. 4 to 7
not to issue any rent receipt to respondent
no. 8, with respect to the land in question as
detailed in paragraph no 4 hereunder, until
legality of impugned Jamabandi no. 274/
Patna High Court CWJC No.5738 of 2026(2) dt.05-05-2026
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1452 created on name of respondent no. 8
is decided / adjudicated by the original /
appellate authority in accordance with the
provisions of Bihar Land Mutation Act &
Rules.”
3. It is apparent from the record that this writ
application has been filed against the order dated 10.09.2025
passed in Jamabandi Cancellation Revision Case No.22 of
2025-2026 (Annexure- P/12) directly before this Court under
Article 226 of the Constitution of India. The appropriate remedy
would lie before the Bihar Land Tribunal, Bihar, which is now
functional vide notification dated 29.04.2026.
4. Having regard to the aforesaid, learned counsel for
the petitioner seeks permission to withdraw this application with
liberty to move the Bihar Land Tribunal, Patna, within a period
of four weeks against the impugned order dated 10.09.2025
passed by the Divisional Commissioner, Munger, (Annexure-
P/12) as well as order dated 07.02.2025 passed by the Collector,
Banka, in Jamabandi Cancellation Appeal No.58 of 2022-2023.
5. Accordingly, this writ application is dismissed as
withdrawn with liberty as aforesaid.
6. Let the office return the original writ application
along with its annexures to learned counsel for the petitioner
after retaining Xerox copy of the same within a period of one
Patna High Court CWJC No.5738 of 2026(2) dt.05-05-2026
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week.
7. Learned counsel for the petitioner shall produce
Xerox copy of the original petitioner along with the Annexures
to be retained in the record of the case.
(Khatim Reza, J)
J. Alam/-
U
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