Patna High Court
Bibhuti Rai @ Bhabhuti Rai @ Vibhuti RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The order is appealable under Section 9 of the Bihar Land Mutation Act, 2011, rendering the writ petition inappropriate and leading to its dismissal.
Summary
The petitioners, a group of individuals claiming ancestral ownership of land, filed a writ petition challenging an order dated 28‑03‑2026 issued by the Additional Collector, Saran, which cancelled their jamabandi. They sought quashing of the order and a direction to prevent interference with their possession. The Court observed that the Additional Collector acted under the power conferred by Section 9 of the Bihar Land Mutation Act, 2011, which provides a specific statutory appeal mechanism. Since the petitioners themselves conceded the availability of this alternative remedy, the Court held that the writ jurisdiction was not appropriate. Accordingly, the petition was disposed of, granting the petitioners liberty to prefer a statutory appeal within four weeks and to seek an interim stay before the Collector, Saran. The Court also indicated that any limitation issue would be considered favorably under Section 5 of the Limitation Act when the appeal is filed.
Issues considered
- Whether the order of the Additional Collector cancelling the jamabandi is amenable to writ jurisdiction or is subject to a statutory appeal under Section 9 of the Bihar Land Mutation Act, 2011.
- Whether the existence of an alternative statutory remedy bars the petitioner from invoking the writ jurisdiction of the High Court.
- Whether any limitation bar applies to the petitioner's remedy.
Legislation cited
- Bihar Land Mutation Act, 2011 — s. 9
- Limitation Act — s. 5
Subjects
- land mutation
- jamabandi
- writ jurisdiction
- statutory appeal
- limitation
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7727 of 2026
======================================================
1. Bibhuti Rai @ Bhabhuti Rai @ Vibhuti Ray Son of Late Ramdev Raut @
Ramdev Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, District-
Saran.
2. Meghnath Rai, Son of Late Ramdev Raut @ Ramdev Rai, residents of
village Turki, P.O. Rasauli, P.S. Panapur, District- Saran.
3. Yogendra Rai, Ramavatar Raut @ Rama residents of village Turki, P.O.
Rasauli, P.S. Panapur, District- Saran.
4. Birendra Rai, Son of Ramavatar Raut @ Ramavatar Rai, residents of village
Turki, P.O. Rasauli, P.S. Panapur, District- Saran.
5. Kameshwar Rai, Son of Ramavatar Raut @ Ramavatar Rai, residents of
village Turki, P.O. Rasauli, P.S. Panapur, District- Saran.
6. Rakesh Kumar Yadav, S/o Late Dwarika Rai, residents of village Turki, P.O.
Rasauli, P.S. Panapur, District- Saran.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms and Revenue.
2. The Principal Secretary, Department of Land Reforms and Revenue,
Government of Bihar, Secretariat, Patna.
3. The Collector, Saran.
4. The Additional Collector, Saran, Chapra.
5. The Circle Officer, Panapur, District- Saran.
6. The S.H.O., Panapur P.S., District- Saran.
7. PACS Chairman, Block-Panapur, Mohammadpur Panchayat, District- Saran.
8. Sanjay Singh, s/o Lal Bachan Singh, Chairman PACS Mohammadpur
Panchayat, Block -Panapur, resident of village Turki, P.O. Rasauli, P.S.
Panapur, District- Saran.
... ... Respondents
======================================================
Appearance :
For the Petitioners : Mr. Nagendra Rai, Advocate
Mr. Navin Nikunj, Advocate
Mr. Koshalendra Rai, Advocate
For the Respondents : Ms. Dimpal Kumari, A.C. to G.P.-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this writ application
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for multiple reliefs to the extent of quashing the order
dated 28.03.2026 (Annexure P-11) by which his
jamabandi standing in the name of petitioner’s ancestors
was cancelled by the Additional Collector, Saran and
further relief has been sought for issuance of a direction
to the concerned authority not to interfere with the
peaceful possession and enjoyment over the land in
question. Having argued the matter at length, learned
counsel for the petitioner very fairly conceded that he
has an alternative statutory remedy of appeal before the
Collector of the district which he is now willing to avail.
3. Since the order impugned, as contained in
Annexure P-11, has been passed by Additional
Collector, Saran, in view of the power vested in him
under Section 9 of the Bihar Land Mutation Act, 2011,
is appealable one and a statutory appeal has been
provided therein the Act itself.
4. In view of the fair submission made by learned
counsel appearing on behalf of the petitioner, this writ
Patna High Court CWJC No.7727 of 2026(2) dt.24-06-2026
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application is disposed of with liberty to the petitioner
to prefer an appeal within a period of four weeks from
today and such appeal on being filed shall be heard by
the Collector, Saran expeditiously, without unnecessary
delay and the Collector could also ensure passing of fair
proper, reasoned and speaking order in consonance with
the statutory provision of law in this regard.
5. The petitioner is also given liberty to file an
interim application seeking interim stay on the order
passed by Additional Collector before the Collector,
Saran, who shall pass necessary order on such an
application filed for any interim relief on behalf of the
petitioner.
6. It goes without saying that if any question of
limitation arises, the same shall be dealt with taking into
consideration the fact that the petitioner has already
availed the writ jurisdiction of this Court, so if he
prefers an application under Section 5 of the Limitation
Act, the same shall be considered favorably by the
Patna High Court CWJC No.7727 of 2026(2) dt.24-06-2026
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Collector, Saran while admitting the case for hearing.
(Rana Vikram Singh, J)
Smriti/Supratim-
U
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