Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the petitioner to seek revision before the Divisional Commissioner within four weeks.
Summary
Arun Kumar filed a writ petition challenging the cancellation of his Jamabandi (land record) by the District Magistrate and Additional Collector of Darbhanga, alleging that they acted beyond their jurisdiction and ignored a prior decree confirming his title under the Bihar Tenancy Act. He sought certiorari to quash the orders, a declaration that the District Magistrate had no authority to deem the decree void, restoration of the Jamabandi, and compensation for land acquired for the Darbhanga Airport expansion. The respondents contended that the petitioner could seek redress through a revision before the Divisional Commissioner. The High Court observed that the appropriate remedy lay in filing a revision petition before the Divisional Commissioner within four weeks. Accordingly, the court disposed of the writ petition, directing the petitioner to approach the Divisional Commissioner, who will consider the matter and issue a reasoned order. No substantive determination on the merits of the land title or compensation claim was made at this stage.
Issues considered
- Whether the District Magistrate and Additional Collector had jurisdiction to cancel the petitioner’s Jamabandi.
- Whether the District Magistrate could declare a decree under section 106 of the Bihar Tenancy Act as void without a higher forum challenge.
- Whether the petitioner is entitled to restoration of the Jamabandi and compensation for land acquisition.
Legislation cited
- Bihar Tenancy Act — s. 100, 106
Subjects
- Jamabandi
- jurisdiction
- certiorari
- revision
- land acquisition
- compensation
- civil writ jurisdiction
- Bihar Tenancy Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7173 of 2024
======================================================
Arun Kumar S/o Shri Ram Narayan Yadav Resident of Village- Basudeopur,
P.S.- Darbhanga Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The District Magistrate, Darbhanga.
4. The Additional Collector, Darbhanga.
5. The District Land Acquisition Officer, Darbhanga.
6. The Circle Officer Sadar Block, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Kumar Sinha, Advocate
For the Respondent/s : Md. Zee Shan Kalim, AC to SC -20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard Mr. Shivendra Kumar Sinha, learned counsel
for the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
certiorari to quash the order dated
02.12.2023 passed by respondent District
Magistrate, Darbhanga in Jamabandi
Cancellation Appeal Case No. 62/2023,
whereby he has dismissed the appeal, acting
beyond jurisdiction and thereby has upheld
Patna High Court CWJC No.7173 of 2024(2) dt.18-04-2026
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the order passed by respondent Additional
Collector, Darbhanga in Jamabandi
Cancellation Case No. 16/2022-23;
(ii) for further to hold that the respondent
District Magistrate, Darbhanga has got no
jurisdiction to criticize and record finding
holding judgment and decree passed in suit
under section 106 of B.T. Act as a void and
illegal judgment, more show when the
respondent State Government has not
challenged the said decree before any higher
forum;
(iii) for further to quash the order dated
05.04.2023 passed by respondent Additional
Collector, Darbhanga in Jamabandi
Cancellation Case No. 16/2022-23, whereby
he has cancelled the Jamabandi no. 1393
created in favour of petitioner for his raiyati
land by committing patent illegality ignoring
the fact that entry in revisional survey
Khatiyan as "Anabad Wihar Sarkar" was
already rectified by passing judgment and
Patna High Court CWJC No.7173 of 2024(2) dt.18-04-2026
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decree in properly, instituted suit under
section 100 BT Act in case no, 2657/2006;
(iv) for further direction upon the respondent
authorities to restore Jamabandi no. 1393 of
the petitioner, which was created in his
favour for land under Mauja Basudeopur,
Thana No. 440 appertaining to Khata no.
2342, Khesra no. 7840 & 7842 having area
10 decimal and 39 decimal respectively;
(v) for further direction upon the respondent
District Land Acquisition Officer,
Darbhanga to pay compensation for the land
of the petitioner, which has been acquired
for construction of Civil Enclave and
Runway Extension of Darbhanga Airport,
for the reason that the aforesaid land is
actually raiyati land of the petitioner which
has wrongly been shown as "Anabad Bihar
Sarkar;
(vi) for any other relief/reliefs for which the
petitioner is found entitled in the facts and
circumstances of the case
Patna High Court CWJC No.7173 of 2024(2) dt.18-04-2026
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3. A counter affidavit has come on behalf of the
respondent nos. 03 to 06 and as per paragraph-4 against the
order passed, the petitioner has an option to move before the
Divisional Commissioner, Darbhanga Division, Darbhanga by
way of revision.
4. In that backtground, the writ petition is disposed of
allowing the petitioner to appraoch the concerned respondent,
the Divisional Commissioner, Darbhanga Division, Darbhanga
in next four weeks who shall be taking up the matter, noticing
all the parties including the State Government and vide a
reasoned order shall dispose it of at an earliest.
5. In case, the petition is preferred in next four weeks,
the Court will have to consider the limitation petition in the
backdrop of the fact that the petitioner moved before the Patna
High Court where the writ petition is pending.
(Rajiv Roy, J)
Ravi/-
U
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