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Patna High Court

Mahanth Sant Saran Das and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the writ petition, granting the petitioners liberty to approach the district authority for redressal of their grievance.

Summary

The petitioners, Mahanth Sant Saran Das and others, filed a writ petition seeking a direction to the State authorities to investigate and cancel a Jamabandi (land record) that they allege was illegally created by private respondents by altering the record, which originally belonged to Mahant Moti Das Nyas, Parbatta. They requested that the Jamabandi be reinstated in the name of the Mahant's estate. The petitioners argued that the High Court should intervene to correct the alleged manipulation of land records. The court noted that the appropriate remedy lay with the district authorities and that the petitioners could approach them for redress. Consequently, the court granted liberty to the petitioners to approach the district authority and disposed of the writ petition without granting the reliefs sought.

Issues considered

  • What jurisdiction does the High Court have to direct a State authority to inquire into and cancel a Jamabandi?
  • Whether the petitioners should first approach the appropriate district authority for redress before seeking writ relief?

Subjects

  • Jamabandi
  • land records
  • civil writ jurisdiction
  • property dispute
  • state authority
  • district authority
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6554 of 2017
                 ======================================================
           1.     Mahanth Sant Saran Das and Anr Chela Mahanth Sital Das Prasad, Resident
                  of Moti Das Nyas Parbatta, P.S.P.O.- Parbatta, District- Khagaria.
           2.    Vikash Mandal, Son of Brahmdeo Mandal, Secretary, Moti Das Nyas
                 Parbatta, P.S.P.O.- Parbatta, District- Khagaria.
                                                                   ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Khagaria.
           3.    The Additional District Magistrate, Khagaria.
           4.    The Sub Divisional Officer, Khagaria.
           5.    The Deputy Collector Land Reforms, Khagaria.
           6.    The Circle Officer, Parbatta, Khagaria.
           7.    The Circle Officer, Gogri, Khagaria.
           8.    The Principal, Kabir Moti Darshal College, Parbatta, Khagaria.
           9.    Manoj Kumar Yadav, Son of Satya Narayan Yadav, Resident of VillageP.O.-
                 Madarpur, P.S.- Maheehkhut, District- Khagaria.
           10. Akhilesh Yadav, Son of Satya Narayan Yadav, Resident of VillageP.O.-
               Madarpur, P.S.- Maheehkhut, District- Khagaria.
           11. Nilesh Kumar Yadav, Son of Satya Narayan Yadav, Resident of VillageP.O.-
                Madarpur, P.S.- Maheehkhut, District- Khagaria.
                                                                    ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Md. Waliur Rahman, Advocate
                 For the State            :    Mr. Birendra Prasad Singh, AC to SC-19
                 For the Resp. No. 9 to 11:    Mr. Tejaskar Anand, Advocate
                                          :    Ms. Arpana Kumari, Advocate
                                          :    Mr. Aman Prakash, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-02-2026                    Heard Mr. Md. Waliur Rahman, learned counsel for

                   the petitioners and learned counsel representing the State as also

                   learned representing respondent no. 9 to 11.

                                2. The present petition has been preferred for the grant

                   of following relief(s):

                                                “(i) for a direction to the respondent

                                      State authority to enquire about the purported
            Patna High Court CWJC No.6554 of 2017(3) dt.09-02-2026
                                                        2/2




                                         zamabandi which has been illegally created by

                                         the    private       respondent    by   changing   and

                                         manipulating in the record, where the Jamabandi

                                         was running in the name of Mahanth Moti Das

                                         Nyas, Parbatta.

                                                     (ii) for the direction to the respondent

                                         State authority to cancel the Jamabandi which

                                         are running in the name of private respondents

                                         over the estate of Mahant Moti Das Nyas

                                         Parbatta and reinstate the Jamabandi on the

                                         name of Mahanth Moti Das Nyas Parbatta in the

                                         interest of justice.

                                                     (iii) for any other relief or reliefs which

                                         the petitioner is entitled for.”


                                  3. After some argument, learned counsel for the

                      petitioners submit that they shall be approaching the appropriate

                      district authority for the redressal of the grievance.

                                  4. Granting said liberty, the writ petition is disposed

                      of.



                                                    (Rajiv Roy, J)
vinayak/-
U


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