Created by Fuzzy Cloud

Patna High Court

Umda Devi @ Kumari UmdaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that it is not the appropriate forum and the petition must be pursued before the Bihar Land Tribunal.

Summary

The petitioners, three siblings, filed a writ petition in the Patna High Court seeking certiorari and mandamus to quash an order dated 30-12-2025 that cancelled their jamabandi, alleging the order violated Section 9 of the Bihar Land Mutation Act, 2011 because no enquiry was held. The Court examined whether it had jurisdiction to entertain the challenge and considered the petitioners' claim that the cancellation was illegal. It held that the High Court was not the appropriate forum for such a dispute and that the correct remedy lay before the Bihar Land Tribunal. The petitioners were allowed to withdraw the writ and approach the Tribunal. Consequently, the writ application was dismissed as withdrawn, with liberty granted to the petitioners to seek relief in the appropriate forum.

Issues considered

  • Whether the High Court has jurisdiction to entertain a writ petition challenging a jamabandi cancellation order under Section 9 of the Bihar Land Mutation Act, 2011.
  • Whether the order dated 30-12-2025 cancelling the jamabandi is violative of Section 9 for being passed without an enquiry.
  • Whether mandamus can be issued to stay the operation of the cancellation order pending resolution.

Legislation cited

Subjects

  • land record
  • jamabandi cancellation
  • certiorari
  • mandamus
  • jurisdiction
  • Bihar Land Mutation Act
  • Bihar Land Tribunal
  • writ petition
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6139 of 2026
                 ======================================================
           1.     Umda Devi @ Kumari Umda, W/o Late Yogendra Ray @ Yogendra Prasad
                  Ray, R/o Village- Sirdilpur, Patory, P.S.- Tajpur District- Samastipur, Bihar-
                  848504.
           2.    Anupam Kumar, s/o Late Yogendra Ray @ Yogendra Prasad Ray, R/o Ward
                 No. 9, Village- Sirdilpur, Patory, P.S.- Tajpur District District- Samastipur,
                 Bihar- 848504.
           3.    Pampam Kumar @ Divya Prakash, S/o Late Yogendra Ray @ Yogendra
                 Prasad Ray, R/o Ward No. 9, Village- Sirdilpur, Patroy, P.S.- Tajpur District-
                 Samastipur, Bihar- 848504.
                                                                             ... ... Petitioner/s

                                                      Versus

           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna.
           2.    The Additional District Magistrate, Samastipur.
           3.    The Deputy Collector Land Reforms-cum-Sub-Divisional Officer,
                 Samastipur.
           4.    The Circle Officer, Morwa Anchal, District- Samastipur.
           5.     Kameshwar Rai, S/o Late Hazari Das, Resident of Village- Saidpur @
                  Purushottampur, P.S.- Patory, District- Samastipur, Bihar.
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ritwaj Raman, Advocate
                                                  Mrs. Shashi Priya, Advocate
                                                  Ms. Pankhuri, Advocate
                                                  Mr. Anand Abhishek, Advocate
                 For the State           :        Mr. Alok Ranjan, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   05-05-2026                   This writ application has been preferred for grant of

                   following reliefs:-

                                   (i)       In the nature of Certiorari for quashing the
                                             order dated 30.12.2025, passed in
                                             jamabandi Cancellation Case No. 22/2022-
                                             23, on the ground that the said order is in
                                             teeth of Section 9 of the Bihar Land
                                             Mutation Act, 2011, as the Respondent no. 2,
Patna High Court CWJC No.6139 of 2026(2) dt.05-05-2026
                                            2/3




                                  without holding any enquiry passed the said
                                  order and /or
                         (ii)     In the nature of Mandamus to say the
                                  operation of the order dated 30.12.2025,
                                  passed in Jamabandi Cancellation Case No.
                                  22/2022-23 during pendency of the writ
                                  petition; and / or
                         (iii)    In the nature of Mandmus to direct the
                                  Respondent no. 2 that long-standing
                                  Jamabandi cannot be cancelled without
                                  holding any inquiry; and/or

                      2. Having considered the nature of the grievance of

          the petitioner, This Court is not the appropriate forum to

          challenge the impugned order.

                      3. Learned counsel for the petitioner submits that the

          appropriate forum is Bihar Land Tribunal (in short "the

          Tribunal). It is further submitted that at the time of filing of this

          writ application, the Tribunal was not functioning, however,

          vide notification dated 29.04.2026, the Tribunal has started

          functioning.

                      4. In such view of the matter, learned counsel for the

          petitioner seeks permission to withdraw this case with liberty to

          approach before the Tribunal against the order dated 30.12.2025

          passed by the A.D.M., Samastipur in Jamabandi Cancellation

          Case No. 22 of 2022-23.

                      5. Considering the aforesaid facts and circumstances

          of the case, this writ application is dismissed as withdrawn
          Patna High Court CWJC No.6139 of 2026(2) dt.05-05-2026
                                                      3/3




                    giving liberty to the petitioner to avail the appropriate remedy

                    available to him before the appropriate forum.


                                                                   (Khatim Reza, J)

premchand/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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