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Patna High Court

Bhairo Lal Mishra,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners are directed to approach the Collector, Bhagalpur, for the measurement of land and restoration of jamabandi, and for disposal of the pending representation.

Summary

The petitioners, four individuals claiming ownership of 95 Bighas of land in Sultanganj, Bhagalpur, filed a writ petition seeking a mandamus directing the Anchal Adhikari to measure their land and restore the jamabandi in their favour, and also to have a pending representation dated 24-06-2015 disposed of per Resolution No. 925. The State had no objection to the petitioners approaching the Collector, Bhagalpur, for relief. Justice Rajiv Roy observed that the petitioners may present their case before the Collector within eight weeks, who should hear all parties and issue a reasoned order preferably by year‑end. The court thus disposed of the writ petition, directing the petitioners to seek relief from the Collector. The decision emphasizes procedural compliance before revenue authorities for land measurement and jamabandi restoration.

Issues considered

  • Whether the Anchal Adhikari should be directed to measure the petitioners' land and restore the jamabandi.
  • Whether the pending representation dated 24‑06‑2015 should be disposed of in accordance with Resolution No. 925.

Subjects

  • land measurement
  • jamabandi
  • mandamus
  • writ petition
  • revenue law
  • land reforms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7516 of 2024
                 ======================================================
           1.     Bhairo Lal Mishra, Son of Late Mahendra Mishra, Resident of Mohalla-
                  Dhwaja Gali, Sultanganj, Police Station- Sultanganj, District- Bhagalpur.
           2.    Sudhir Mishra, Son of Late Tara Mishra, Resident of Mohalla- Dhwaja Gali,
                 Sultanganj, Police Station- Sultanganj, District- Bhagalpur.
           3.    Ashutosh KumarMishra, Son of Late Pashupati Mishra, Resident of
                 Mohalla- Dhwaja Gali, Sultanganj, Police Station- Sultanganj, District-
                 Bhagalpur.
           4.    Bibhuti Bhushan Mishra, Son of Late Narendra Mishra, Resident of
                 Mohalla- Dhwaja Gali, Sultanganj, Police Station- Sultanganj, District-
                 Bhagalpur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar Through the Principal Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna, Bihar.
           2.    The Principal Secretary, Department of Revenue and Land Reforms
                 Department, Govt. of Bihar, Patna, Bihar.
           3.    The District Magistrate, Bhagalpur.
           4.    The Additional Collector, Bhagalpur.
           5.    The Deputy Collector, Land Reforms (DCLR), Bhagalpur.
           6.    The Circle Officer, Sultanganj, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bindhyanchal Singh, Sr. Advocate
                                               Mrs. Smriti Singh, Advocate
                                               Mrs. Diksha Singh, Advocate
                                               Mr. Rishav Ujjain, Advocate
                 For the Respondent/s   :      Mr. Manoj Kumar Ambastha, SC-26
                                               Mr. Subodh Kumar, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-04-2026                   Heard Mr. Bindhyanchal Singh, learned Senior

                   counsel for the petitioners and the State.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “i. For issuance of writ, order or
Patna High Court CWJC No.7516 of 2024(2) dt.20-04-2026
                                            2/3




                          direction in the nature of mandamus to direct the

                          respondent authority specifically Anchal Adhikari,

                          Sulatanganj, Bhagalpur, to do the measurement of

                          the land of the petitioners admeasuring 95 Bigha

                          having description as Sultanganj Thana, Thana no.

                          01, Old Khata no. 425, 426, 427, 428, 429, Old

                          Khesra no. 269, 276, 277, 278, 272, 273, 274, 275

                          having ward No. 01, Measuring area 95 Bigha

                          total in the light of application given by petitioners

                          and for restoring the jamabandi in favour of the

                          petitioners.

                                      ii. For issuance of writ, order or

                          direction in the nature of Mandamus directing the

                          respondent        authority    to   dispose   of   the

                          representation dated 24.06.2015 in the light of the

                          Resolution no 925 dated 11.11.2014.

                                      iii. For any other relief(s) which your

                          lordships may deem fit and proper in the facts and

                          circumstances of the case and for which the

                          petitioners is entitled in the opinion of this Hon’ble

                          High Court.”

                      3. After some arguments, learned Senior counsel for
          Patna High Court CWJC No.7516 of 2024(2) dt.20-04-2026
                                                      3/3




                    the petitioners submit that it will suffice if his detailed

                    representation is taken up and disposed of by the Collector,

                    Bhagalpur (respondent no. 3).

                                4. Learned State counsel has no objection to it.

                                5. In that background, the writ petition stands

                    disposed of allowing the petitioners to approach the Collector,

                    Bhagalpur (respondent no. 3) in next eight weeks who shall be

                    taking up the matter and after noticing/hearing all the parties,

                    shall be passing a reasoned order at an earliest, preferably by the

                    end of the year.

                                6. Needless to add, the petitioners are free to take all

                    the points available under the law of the land before the

                    Collector, Bhagalpur (respondent no. 3).

                                7. The writ petition stands disposed of with the

                    aforesaid observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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