Patna High Court

Amar Nath TiwaryversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The notice for cancellation of the jamabandi is quashed as it fails to comply with Section 9 of the Bihar Land Mutation Act, 2011; a fresh notice with specific reasons must be issued.

Summary

Amar Nath Tiwary filed a writ petition seeking a mandamus to restrain the State from constructing a Panchayat Bhawan on his ancestral land (Plot 297, Khesra 34, 2.42 acres) in Bhairopur, Saran, and to challenge a notice issued for cancellation of the jamabandi without stating any reason. The petitioner alleged that the jamabandi had existed for decades, supported only by a mutation receipt dated 17‑10‑2024. The Additional Collector had issued a notice under Section 9 of the Bihar Land Mutation Act, 2011, but the notice was silent on the grounds for cancellation, violating the statutory requirement of providing reasons and a hearing. The Court, relying on the precedent of Ram Naresh Roy v. State of Bihar, held that such a notice is void for vagueness. Consequently, the notice was quashed and the petitioner was directed to await a fresh notice with proper reasons, while the authorities were free to proceed in accordance with law. The writ petition was disposed.

Issues considered

Whether a notice issued under Section 9 of the Bihar Land Mutation Act, 2011 for cancellation of a jamabandi is valid if it does not disclose the reasons for cancellation.
Whether the State can proceed with construction of a Panchayat Bhawan on land subject to a pending jamabandi cancellation proceeding.
Whether the petitioner is entitled to a writ of mandamus restraining the construction pending resolution of the jamabandi dispute.

Legislation cited

Bihar Land Mutation Act, 2011 — s. 9

Subjects

land mutation
jamabandi cancellation
mandamus
Panchayat Bhawan
notice validity
Bihar Land Mutation Act
property rights
administrative law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7646 of 2025
======================================================
Amar Nath Tiwary Son of Late Jitendra Nath Tiwary, resident of village
Dighwara, Ward No. 19, Dighwara, District-Saran (Bihar) PIN-841207.

... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The District Magistrate, Saran.
3. The Circle Officer, Dariyapur, Saran.
4. The Secretary, Building Construction Department, Building Division,
Chapra.
5. The Chief Engineer, Building Construction Department, Building Division,
Chapra.
6. The Executive Engineer, Building Construction Department, Building
Division, Chapra.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Tiwary, Advocate
For the Respondent/s : Mr. Standing Counsel (1)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

4 17-03-2026 Heard Mr. Kunal Tiwary, 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

Mandamus for restraining the respondent

authorities from constructing Panchayat Bhawan

over the ancestral land of the petitioner at Village-

Bhairopur, Sajjanpur Matihan, Dariyapur, Saran

on the plot having Khata No. 297, Khersa No. 34,

admeasuring an area of 2 acre 42 decimal.
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ii. for challenging the notice dated

03.06.2025 whereby and where under a notice has

been issued to the petitioner in Jamabandi

Cancellation Case No. 478/2025-26 from the Court

of Deputy Collector, Saran at Chapra informing the

petitioner that a Mutation Cancellation case has

been initiated on his land and the petitioner was

directed to appear on 18.06.2025 at 03:00 Ρ.Μ.

iii. for stay of the proceeding of Mutation

Cancellation Case No. 478/2025-26.

iv. for any other relief/reliefs for which

the petitioner is entitle to.”

3. The details of the land is/are as under:

“Plot 297, Khesra 34 (area 2 acres 42

decimal) in the village Bhairopur, Sajjanpur

Matihan under Circle – Dariyapur, District –

Saran.”

4. The claim of the petitioner is that for last several

decades, ‘the Jamabandi’ stands created in favour of their family

inasmuch as earlier, it was in the name of Late Dwarka Nath

Tiwary and now with Gajendra Nath Tiwary. However, this

Court has noticed that the only supportive document that is on

record is the mutation receipt dated 17.10.2024.
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5. The contention is that on 12.09.2024, the Building

Construction Department, Building Division, Chapra came out

with an advertisement for construction of Panchayat Bhawan in

the district of Saran and one of the proposed site was Sajjanpur

Matihan Panchayat. When the petitioner inquired about the

proposed place, was surprised to know that it is the same land

which belongs to his family. This followed the representations to

the Executive Engineer, Building Construction Division, Chapra

on 15.10.2024 and representation to the Circle Officer,

Dariyapur, Saran. As there was no response, the present writ

petition.

6. It is to be noted that during the pendency of the

petition, the Circle Officer, Dariyapur made recommendation for

the cancellation of the jamabandi which resulted into registration

of Jamabandi Cancellation Case No. 478/2025-26 (State

through the Circle Officer, Dariyapur vs. Amar Nath

Tiwary).

7. This was challenged by the petitioner by way of

Interlocutory Application no. 01 of 2025 and the same was

allowed by the Coordinate Bench on 05.01.2026. Further, while

directing the State to file affidavit, the Court directed the

respondents not to move further for the construction of the

Panchayat Bhawan.
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8. The affidavit of the State has come.

9. Learned counsel for the petitioner submits that the

rent receipt shows that the family was having Jamabandi for

long and in that background, construction of the Panchayat

Bhawan on the land is not in accordance with law. Further, when

representation was preferred before the Circle Officer,

Dariyapur; instead of deciding the same, he made a

recommendation for the cancellation as recorded above.

10. The submission is that in the notice issued by the

Additional Collector dated 03.06.2025, the reason has not been

assigned which is essential. In support of the said contention,

learned counsel has taken this Court to the Section 9 of the

Bihar Land Mutation Act, 2011 (henceforth for short ‘the

Act’) which relates to the cancellation of the Jamabandi and read

as under.

9. Cancellation of Jamabandi.-(1) The

Additional Collector, either suo motu or on an

application, shall have the power to make inquiries

in respect of any Jamabandi, which has been

created in violation of any law for the time being in

force or in contravention of any executive

instruction issued in this behalf. The Additional

Collector, in whose jurisdiction the land is situated,
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may, after giving reasonable opportunity to the

parties concerned to appear, adduce evidence and

be heard, cancel such Jamabandi, dispossess the

person claiming under it and deliver the possession

to the legitimate owner/custodian, on such terms as

may appear to the Additional Collector to be fair

and equitable.

(2) The jamabandi shall not be cancelled

under sub-section (1) without giving reasonable

opportunity to the parties, having interest in that

jamabandi, of being heard.

(3) Any person, having interest in a land

or a part thereof, of any jamabandi may file a

petition in the prescribed manner for the

cancellation of the jamabandi before the Additional

Collector in whose jurisdiction the land or a part

thereof is situated.

(4) The Additional Collector, in whose

jurisdiction the land or a part thereof of the

jamabandi is situated, on a petition filed for the

cancellation of the jamabandi or on reference from

a Government Department which has an interest in

the land or a part thereof or suo motu, may initiate
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proceedings for cancellation of the jamabandi by

issuing notice to persons having interest in the

jamabandi.

(5) The Additional Collector in whose

jurisdiction the land or a part thereof in the

jamabandi is situated, after enquiry either by

himself or by an officer authorized by him in this

behalf, shall pass such order as he deems fit.

(6) (a) An Appeal against the order of the

Additional Collector shall lie with the Collector of

the district within thirty (30) days of the order

appealed against.

(b) The Collector of the district may

condone the delay in filing appeals provided he is

satisfied that there are sufficient reasons for the

delay.

pass any order modifying, altering or setting aside

the order appealed against unless the concerned

parties have been given a reasonable opportunity of

being heard.

(7) (a) An application for revision may be

filed before the Commissioner of the Division by
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any person aggrieved by an order of the Collector

of the district within 30 days from the date of such

order.

(b) The Divisional Commissioner may

condone the delay in filing of application for

revision provided he is satisfied that there are

sufficient reasons for the delay.

an application made to him on this behalf or for the

purposes of satisfying himself as to the legality or

propriety of any order made under this Act or the

rules made thereunder by an officer or authority,

call for and examine the records of any case

pending before or disposed of by such officer or

authority and pass such order as he deems fit.

(d) The Divisional Commissioner shall

not pass any order modifying, altering or setting

aside an order of any authority or officer unless the

concerned parties have been given reasonable

opportunity of being heard.”

11. He has further taken this Court to an order of

learned Single Judge of Patna High Court in the case of Ram

Naresh Roy & Ors. vs. The State of Bihar & Ors. (CJWC
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No. 16269 of 2024 wherein following the Section 9 of ‘the Act’,

the Court having recorded that the reason is not mentioned in the

notice issued by the State-respondents allowing them to proceed

afresh, the said notice was quashed.

12. The relevant part of the order dated 24.10.2024 in

the case of Ram Naresh Roy (supra) in paragraphs 5 to 9 read

as under:

“5. Learned Senior Counsel thereafter

draws the attention of the Court to Annexure-24 to

the writ application i.e. the Memo No. 698 dated

29.08.2024 whereby notice has been issued to the

petitioners for appearing before him as proceeding

for cancellation of Jamabandi has been initiated.

Learned Senior Counsel, thus, submits that from

perusal of the memo dated 29.08.2024, it would

manifest that the same merely records that

petitioners are informed that Circle Officer,

Bahadurpur vide his letter no. 2433 dated

26.12.2023 has recommended for cancelling the

Jamabandi of the land pertaining to Mauza

Balbhadrapur, Thana No. 534, Khata No. 491,

Khesra No. 2521. It is further submitted that the

notice does not even remotely disclose the grounds
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on which the notice has been issued for

cancellation of Jamabandi of the petitioners. It is

next submitted that the law mandates that the

Jamabandi can be cancelled only if it has been

created in violation of any law for the time being in

force or in contravention of any executive

instruction issued in this behalf but then the notice

is completely silent on that issue, as such, submits

that the notice is vague.

6. Learned counsel appearing on behalf

of the State is not in a position to rebut the

submissions of the learned Senior Counsel

appearing on behalf of the petitioners that the

notice does not disclose the reason based on which

the same has been issued initiating a proceeding

for cancellation of Jamabandi of the petitioners.

7. After hearing the learned counsel for

the parties, the Court, prima facie, is of the view

that notice has been issued without recording the

reason based on which Jamabandi cancellation

case has been instituted as the notice does not

record that as to which law or executive instruction

were violated when initially the Jamabandi was
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created, as such, the notice appears to be vague.

Accordingly, the notice contained in Memo No. 698

dated 29.08.2024 issued by the ADM, Darbhanga

asking the petitioners to appear before him in

respect of Jamabandi Cancellation Case No. 173 of

2023-24 is hereby quashed.

8. The writ application is allowed.

9. However, the authorities would be at

liberty to proceed against the petitioners in

accordance with law.”

13. The State-respondents have filed affidavit through

the BDO, Dariyapur-cum-Incharge-cum-C.O, Dariyapur, Saran

and the claim is that as per the report of the Halka Karamchari, it

is recorded in R.S. Khatiyan as ‘Gair Majarua Malikan

Jarpesgidaar’ and its nature as ‘Parti Kadim’. Though the

counter-affidavit accepts that on plot no. 34, the jamabandi no.

88 is running in the name of the petitioner. The contention is that

when the Additional Collector, Saran has already put him on

notice, he should have very well presented himself alongwith all

the relevant documents to satisfy the said Court instead of the

writ petition.

14. This Court has taken note of the facts of the case,

the pleadings of the parties as also the order passed by
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Coordinate Bench in the case of Ram Naresh Roy (supra) which

has dealt with Section 9 of ‘the Act’.

15. As recorded above, though the petitioner claims

that the jamabandi is running for decades, the only document on

record is a receipt of 17.10.2024 which has been issued in favour

of the petitioner (Annexure-P/N). However, it is the contention

of the petitioner that in a haste, the writ petition was filed and if

given a chance, he shall be producing all the documents before

the Revenue Authorities in support of the claim.

16. A land has been earmarked for construction of

Panchayat Bhawan. Admittedly, the counter-affidavit says that

presently, jamabandi is running in the name of the petitioner.

Process for cancellation of ‘jamabandi’ of the said land was

taken but the reason has not been assigned as mandated in

Section 9 of ‘the Act’. Further, this Court has to follow the order

passed by the Coordinate Bench in the case of Ram Naresh Roy

(supra).

17. In that background, without commenting on the

merit of the case and allowing both the parties to put forward

their respective views if fresh notice alongwith reason is

assigned by the Additional Collector, Saran at Chapra, the notice

issued in the Jamabandi Cancellation Case No. 478/2025-26 is

quashed.
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18. It is recorded, once again, that the authorities shall

be at liberty to proceed afresh in accordance with law and

strictly in line with Section 9 of ‘the Act’ against the petitioner.

19. The writ petition stands disposed with the

aforesaid observation.

(Rajiv Roy, J)
Adnan/-

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