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Patna High Court

Kuldeep MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of without granting the mandamus.

Summary

The petitioners, a group of Mandal family members, claimed that 93 acres of land in Mauja Deemaha, Bhagalpur district, had been incorrectly entered in the revisional survey khatiyan in the name of other persons, contrary to the ancestral cadastral khatiyan showing their ownership. They sought a writ of mandamus directing the District Land Settlement Officer, Bhagalpur, to correct the survey record. The petitioners indicated they would approach the officer within four weeks and expected the officer to hear all parties and pass an order within six months. The High Court heard the matter and, without providing detailed reasoning, disposed of the writ petition. Consequently, the relief sought was not granted.

Issues considered

  • Whether a writ of mandamus can be issued directing the District Land Settlement Officer to correct the revisional survey khatiyan in favor of the petitioners.

Subjects

  • land records
  • mandamus
  • revisional survey
  • khatiyan
  • writ jurisdiction
  • correction of land records

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5809 of 2026
     ======================================================
1.    Kuldeep Mandal son of Late Gulay Mandal @ Gulab Mandal, Resident of
      Village-Lattipakar, Post-Dharhara, P.S.- Gopalpur, District- Bhagalpur.
2.   Shivnandan Mandal, son of Late Dobhi Mandal, Residents of Village and
     Post- Dimaha, P.S.- Gopalpur, District-Bhagalpur.
3.   Umesh Mandal, son of of Late Dobhi Mandal, Residents of Village and
     Post- Dimaha, P.S.- Gopalpur, District-Bhagalpur.
4.   Rajeev Ranjan, son of of Late Dobhi Mandal, Residents of Village and Post-
     Dimaha, P.S.- Gopalpur, District-Bhagalpur.
5.   Varun Kumar Rahi, son of of Late Dobhi Mandal, Residents of Village and
     Post- Dimaha, P.S.- Gopalpur, District-Bhagalpur.
6.   Yugal Kishore Yugal @ Yugal Kishore Rahi, son of Late Jagdeo Mandal,
     Residents of Village and Post- Dimaha, P.S.- Gopalpur, District-Bhagalpur.
7.   Pankaj Kumar Mandal, son of Late Jagdeo Mandal, Residents of Village and
     Post- Dimaha, P.S.- Gopalpur, District-Bhagalpur.
8.   Amit Kumar, son of Late Jagdeo Mandal, Residents of Village and Post-
     Dimaha, P.S.- Gopalpur, District-Bhagalpur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Department of Revenue and Land,
     Government of Bihar, Patna.
3.   The Additional Secretary, Department of Home, Government of Bihar,
     Patna.
4.   The Collector cum District Magistrate, Bhagalpur.
5.   The District Land Settlement Officer, Bhagalpur.
6.   The Land Reforms Deputy Collector, Naugachia, Bhagalpur.
7.   The Sub-Divisional Officer, Naugachia, Bhagalpur.
8.   The Block Development Officer, Ismailepur, Bhagalpur.
9.   The Circle Officer, Ismailepur, Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sanjay Kumar Ojha, Adv.
                                   Mr. Ved Prakash Chandan, Adv.
                                   Mr. Govind Lal Pandit, Adv.
     For the Respondent/s   :      Mr. Manoj Kumar Ambastha- SC-26
                                   Mr. Santosh Kumar Mishra, AC to SC-26
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                           ORAL ORDER
         Patna High Court CWJC No.5809 of 2026(2) dt.04-05-2026
                                                     2/3




2   04-05-2026                   Heard the parties.

                               2. The present writ petition has been preferred for the

                   grant of following relief/s:-

                                                  “That, this writ application is being filed
                                           by the petitioners for issuance of an appropriate
                                           writ/writs, order/orders, direction/directions in
                                           the    nature    of    Mandamus   directing   the
                                           Respondents District Land Settlement Officer,
                                           Bhagalpur to correct the current Revisional
                                           Survey Khatiyan in which petitioners land has
                                           wrongly been entered in the name of other
                                           persons in view of Kramik/cadastral khatiyan in
                                           which the land in question is entered in name of
                                           petitioners ancestor.
                                                  And/or pass such other order or orders as
                                           your Lordships may deem fit and proper.”
                               3. The matter relates to 93 acres 64 decimals of land in

                   Mauja Deemaha, Thana No. 255, P.S.- Kahalgaon (At present-

                   Gopalpur) and Anchal Gopalpur, District Bhagalpur.

                               4. Learned counsel for the petitioners submit that they

                   shall be approaching the respondent No. 5, the District Land

                   Settlement Officer, Bhagalpur in next four weeks.

                               5. In that case, the concerned respondent No. 5, The

                   District Land Settlement Officer, Bhagalpur shall be duty bound to

                   take up the matter and after hearing all the necessary parties, will

                   conclude the matter and pass an appropriate order in next six

                   months.
           Patna High Court CWJC No.5809 of 2026(2) dt.04-05-2026
                                                       3/3




                                 6. The present writ petition stands disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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