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Patna High Court

Ram Gopal RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioners liberty to approach the appropriate authority or court for redressal and disposed of the writ petition.

Summary

The petitioners, Ram Gopal Ray and Smt. Chandrakala Devi, filed a writ petition seeking a mandamus directing the Circle Officer to cancel Jamabandi No.2601 in favor of certain respondents and to restore the land to the petitioners, alleging that the respondents fabricated documents to usurp ancestral property (Khata No.147, Khesra Nos.4273, 4275, 4276) originally belonging to the petitioners' father. They also claimed that the respondents failed to produce documents when summoned by the Panchayat. The respondents, comprising various government officials and private individuals, did not contest the petition substantively, and the State counsel raised no objection. The Court, after hearing, granted the petitioners liberty to approach the appropriate authority or court for redressal of their grievance against respondents No.6 to 10. Consequently, the writ petition was disposed without an order on the merits, with a direction that any further petition filed within four weeks will be dealt with expeditiously.

Issues considered

  • Whether the Circle Officer should be directed to cancel the Jamabandi and restore the land to the petitioners.
  • Whether the respondents fabricated documents to illegally acquire the ancestral property.
  • Whether the petitioners are entitled to any other relief concerning the disputed land.

Subjects

  • land dispute
  • ancestral property
  • false documents
  • mandamus
  • cancellation of jamabandi
  • property rights
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.598 of 2026
                 ======================================================
           1.     Ram Gopal Ray Son of Late Shiv Shankar Ray, Resident of village-Chakiya,
                  P.S. Barauni, District -Begusarai.
           2.    Smt. Chandrakala Devi Wife of Late Shiv Shankar Ray, Resident of village-
                 Chakiya, P.S. Barauni District-Begusarai.
                                                                            .. ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Additional chief Secretary, Revenue Department
                 Government of Bihar, New Secretariat, Patna.
           2.    The Circle Officer (C.O.) Barauni, Distt. Begusarai.
           3.    The Deputy Collector Land Reforms (L.R. D.C.), Begusarai.
           4.    The Sub-Divisional Officer, District- Begusarai.
           5.    The District Magistrate (D.M.) District- Begusarai
           6.    Ramprit Ray, Son of Late Ram Pravesh Ray resident of village-Chakiya, P.S.
                 Barauni, District-Begusarai.
           7.    Rajnitee Ray, Son of Late Ram Pravesh Ray resident of village-Chakiya,
                 P.S. Barauni, District-Begusarai.
           8.    Ranjit Ray, Son of Late Ram Pravesh Ray resident of village-Chakiya, P.S.
                 Barauni, District-Begusarai.
           9.    Sunita Devi, W/O Late Anil Kumar resident of village-Chakiya, P.S.
                 Barauni, District-Begusarai.
           10. Ajay Ray, Son of Late Sukho Ray. resident of village-Chakiya, P.S. Barauni,
                District-Begusarai.
                                                                       ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Satish Kumar, Advocate
                 For the Respondent/s   :        Mr. Manish Kumar, G.P.-04
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-01-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for that the writ in the nature of

                                            Mandamus      commanding         the   petitioner

                                            making prayer from this Hon'ble Court to

                                            give direction to the Respondent No.2 Circle
Patna High Court CWJC No.598 of 2026(2) dt.20-01-2026
                                            2/3




                                  Officer, Chakiya please examine the Record

                                  and cancel the Jamabandi No.2601 create to

                                  name of Respondent Ram Pravesh Rai and

                                  Sukho Ray and also direction to the

                                  Respondent to vacate the premises and

                                  dispossessed them and handover the land to

                                  name      of    petitioner,   because   that   the

                                  Respondent has made a false and fabricated

                                  documents;

                                  (ii) for that as per Nature of land ancestral

                                  property to name of petitioner that whose

                                  property as respect the Khata No.147,

                                  Khesra No. 4273, 4275, 4276 registered to

                                  name of my father late Shiv Shankar Rai

                                  since 1977;

                                  (iii) for that the said land of Khata No.147,

                                  Khesra Nos. 4273,4275,4276 have not sold

                                  of family members or other and father for

                                  living stage, that the respondent has made

                                  false and fabricated document for grab of

                                  the said land;

                                  (iv) for that the said land one Panchayati
         Patna High Court CWJC No.598 of 2026(2) dt.20-01-2026
                                                     3/3




                                           was held, that during the Panchayati that the

                                           Panch has called and demand of paper from

                                           respondent, but they have refused to produce

                                           the said paper.

                                           (v) for that the petitioner is entitle for any

                                           other relief or reliefs from the facts and

                                           circumstances of the case.

                                3. In the presence of learned G.P.-04, Mr. Manish

                   Kumar, Mr. Satish Kumar, learned counsel for the petitioners

                   submit that he shall be taking appropriate steps for approaching

                   the appropriate authority/Court for the redressal of the grievance

                   against respondent nos. 06 to 10.

                                4. Learned State counsel has no objection.

                                5. In that background, granting said liberty to the

                   petitiners to approach the appropriate authority/Court, the writ

                   petition is disposed of.

                                6. It is expected that if any petition is preferred in

                   next four weeks, the same shall be taken to its logical

                   conclusion at an earliest.

                                                 (Rajiv Roy, J)
Ravi/-
U


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