Patna High Court
Mahanth Sant Saran Das and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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