Created by Fuzzy Cloud

Patna High Court

Upendra MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The DLSO must take up the correction of the Revisional Survey Khatiyan and pass an appropriate order within six months.

Summary

The petitioner, Upendra Mandal, filed a writ petition seeking a mandamus directing the District Land Settlement Officer (DLSO) of Bhagalpur to correct the Revisional Survey Khatiyan where his land had been erroneously recorded in the names of other persons, despite the original cadastral records showing ownership in his father's name. The petition detailed the discrepancies between the old cadastral entries (totaling 13.39 decimals) and the new revisional survey entries (totaling 13.04 decimals) which listed different owners. The petitioner’s counsel requested that the DLSO be ordered to take up the matter within four weeks and pass a corrective order within six months. The court, after hearing, directed the DLSO to consider the petition, hear all necessary parties, and issue an appropriate order within six months. Consequently, the writ petition was disposed of, effectively granting the relief sought.

Issues considered

  • Whether the District Land Settlement Officer is duty bound to correct the Revisional Survey Khatiyan entries in favor of the petitioner under the applicable land reform statutes.

Subjects

  • Land reform
  • Revisional Survey
  • Khatiyan correction
  • Writ of mandamus
  • Civil writ jurisdiction
  • District Land Settlement Officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5820 of 2026
                 ======================================================
                 Upendra Mandal Son of Late Jago Mandal, Resident of Village-Parbatta, P.O.-
                 Sahu Parbatta, P.S.-Esmilepur, 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, Ismilepur, Bhagalpur.
           9.    The Circle Officer, Ismilepur, 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. Standing Counsel 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-05-2026                      Heard the parties.

                                 2. The present writ petition has been preferred:

                                                     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
                                             petitioner's land has wrongly been entered in the
                                             name     of    other    persons        in   view   of
                                             Kramik/Cadastral Khatiyan in which the land in
Patna High Court CWJC No.5820 of 2026(2) dt.04-05-2026
                                            2/3




                                  question is recorded in name of petitioner's
                                  father namely Late Jago Mandal of Parbatta,
                                  P.O.-Sahu Parbatta, P.S.-Esmilepur, District-
                                  Bhagalpur. In Cadastral Survey, in Mouja-
                                  Parbatta, Old Khata no.134, Old Khesra
                                  no.2524, area 8.88 decimals, Old Khata no.242,
                                  Old Khesra no.2498, area 1.34 decimals, Old
                                  Khata no.512, Old Khesra no.927, area 0.33
                                  decimals, Old Khata no.593, Old Khesra
                                  no.977, area 2.84 decimals Total area 13.39
                                  decimals. But in the revisional survey operation
                                  in Thana no.33, New Khata no.953, New Khesra
                                  no.2753 and Rakba-3.54 decimals, New Khata
                                  no.26, New Khesra no.2754 and Rakba-4.45
                                  decimals, New Khata no.114, New Khesra
                                  no.2758 and Rakba-0.22 decimals, New Khata
                                  no.114, New Khesra no.2759 and Rakba-0.53
                                  decimals, New Khata no.1254, New Khesra
                                  no.2735 and Rakba-1.34 decimals, New Khata
                                  no.1480, New Khesra no.1691 and Rakba-0.33
                                  decimals, New Khata no.1142, New Khesra
                                  no.1712 and Rakba-2.63 decimals total Rakba
                                  13.04 Decimals, created and stands in the name
                                  of different persons which will clear by seeing
                                  the trace map etc. prepared by the local Amin.
                      3. 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.

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

          District Land Settlement Officer, Bhagalpur shall be duty bound to
           Patna High Court CWJC No.5820 of 2026(2) dt.04-05-2026
                                                       3/3




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

                     conclude the matter and pass an appropriate order in next six

                     months.

                                 5. The present writ petition stands disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.