Patna High Court
Umda Devi @ Kumari UmdaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
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 Consequently, the writ application was dismissed as withdrawn, with liberty granted to the petitioners to seek relief in the appropriate forum.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
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