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Patna High Court

Bimal Kishor PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the writ petition cannot be decided at this stage and must be taken to its logical conclusion after hearing all parties, including the State officials.

Summary

The petitioner, Bimal Kishor Prasad, filed a writ petition seeking correction of entries in the Jamabandi register and revenue records, issuance of rent receipts in his name, and acceptance of arrears of rent for land in Gaya district, relying on earlier judgments in Title Suit No. 24 of 2007/2009 and Title Appeal No. 32 of 2017. He argued that the Circle Officer should be approached with the relevant orders to enforce the reliefs. The State counsel contended that if the petition is filed within four weeks, it should be taken to its logical conclusion. The High Court noted the documents and orders annexed to the petition and observed that the matter must be heard fully, including the State officials, before any relief can be granted. Consequently, the court disposed of the writ petition with the observation that it should be taken to its logical conclusion after hearing all parties.

Issues considered

  • Whether the respondents are obligated to correct the Jamabandi register and revenue records as per the earlier judgments.
  • Whether the respondents must issue rent receipts in the petitioner’s name and accept arrears of rent.
  • Whether the writ petition can be disposed of without a full hearing of all parties.

Subjects

  • Jamabandi correction
  • Land revenue
  • Rent receipt
  • Writ petition
  • Civil jurisdiction
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6071 of 2026
                 ======================================================
                 Bimal Kishor Prasad Son of Late Gopal Prasad, Resident of Nayi Godam,
                 P.S.- Kotwali Town and District- Gaya.

                                                                      ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Revenue and Land
                 Reforms Department, Bihar, Patna.
           2.    The Collector, Gaya.
           3.    The D.C.L.R., Gaya.
           4.    The Circle Officer, Sherghati, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Ghosarvey, Advocate
                 For the State            :        Mr. Government Pleader (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) direction to the Respondent authorities

                                        to make correction in the in Jamabandi register

                                        and in the revenue records in view of the

                                        Judgment Passed in Title Suit No. 24 of 200-

                                        07/2009 passed by the Learned Additional

                                        Munsif Sherghati, Gaya, as well as order dated

                                        21.10.2022 passed by the learned District Judge,

                                        Gaya in Title Appeal No. 32 of 2017.

                                                   (ii) direction to the respondents to
Patna High Court CWJC No.6071 of 2026(2) dt.05-05-2026
                                            2/3




                             issue rent receipt in the name of petitioner for

                             the land situated at Mauza- Bajaura, Khatta No.

                             230        (old)/577        (New),   Plot    no.   43

                             (old)/224(New), 2181, 2167 and 2168 at present

                             Circle Office, Dobhi for an Area of 3.74 Acre

                             (about 5 Bigha) right from 2004.

                                          (iii)     directing     the    respondent

                             authorities to accept the arrears of rent from the

                             petitioner and further issue up to date rent

                             receipt.

                                          (iv) any other relief or reliefs to which

                             the petitioner is entitled may kindly be given.”


                      3. After some argument, learned counsel for the

          petitioner submits that he shall be approaching the Circle

          Officer, Sherghati, Gaya Ji armed with all the documents/orders

          that has come under his arm.

                      4. Learned State counsel submits that in case, such

          petition is filed in next four weeks, it will be taken to its logical

          conclusion.

                      5. This Court has taken note of the orders as also the

          document which has been made part of the writ petition and if

          such petition before the respondent no.4, the Circle Officer,
            Patna High Court CWJC No.6071 of 2026(2) dt.05-05-2026
                                                        3/3




                      Sherghati, Gaya Ji, it has to be taken to its logical conclusion

                      after hearing all the parties including the State officials.

                                  6. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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