Patna High Court

M/s Alex Green Energy Pvt. Ltd.versusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The court declined to quash the cancellation order and directed the petitioner to appeal before the Collector, who must decide the matter after due consideration.

Summary

M/s Alex Green Energy Pvt. Ltd., a solar power developer, purchased about 56 acres of land in Banka, Bihar and obtained mutation of the land in its name, resulting in Jamabandi No. 114. The company applied for a Lease Permission Certificate (LPC) to install a solar plant, but the revenue authorities rejected the application and later cancelled the Jamabandi without hearing, citing it as disputed. The petitioner filed a writ petition seeking quashing of the cancellation, mandamus to prevent disturbance of possession, and a declaration that natural‑justice principles and proper notice under the Bihar Mutation Act, 2011 are mandatory. The High Court observed that the revenue officials acted arbitrarily and high‑handedly, but, on the State’s submission, declined to quash the cancellation order and instead directed the petitioner to file an appeal before the Collector within eight weeks. The Collector was instructed to consider the entire factual matrix and decide within three months. Consequently, the writ petition was disposed with directions for appeal, without granting the reliefs sought.

Issues considered

The legality of cancelling a long‑term Jamabandi in a summary proceeding without notice and hearing.
Whether the principles of natural justice and valid service of notice under s.9(1) of the Bihar Mutation Act, 2011, are mandatory in such cancellation.
Whether the jurisdiction to cancel a Jamabandi lies with the civil court rather than the revenue officer.
The entitlement of the petitioner to a writ of mandamus to prevent disturbance of possession.

Legislation cited

Companies Act, 1956

Subjects

Jamabandi
mutation of land
natural justice
writ of mandamus
Bihar Mutation Act
civil court jurisdiction
summary cancellation
Lease Permission Certificate
solar power plant

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7891 of 2025
======================================================
M/s Alex Green Energy Pvt. Ltd. Represented through its Director Deepak
Agrawal, aged about 46 years (M), Son of Late Girdhari Lal Agrawal having
its Registered Office at West Wind, Flat 5B, BL- 478, Raja S.C. Mullick
Road, Kolkata- 700084, West Bengal and Present Operating Office at
Patnagarh, Chingarbandh, Odisha- 767025.

... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms and Revenue, Government of Bihar, Patna.
2. The District Magistrate, Banka.
3. The Additional Collector, Banka.
4. The L.R.D.C., Banka.
5. The Circle Officer, Banka Sadar, District- Banka.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deo Prakash Singh, Advocate
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

4 20-04-2026 Heard Mr. Deo Prakash Singh, learned counsel for

the petitioner and Ms. Dimpal Kumari, learned counsel for the

State.

2. The present petition has been preferred for the

following relief(s):

(i) for quashing the order of

cancellation of Jamabandi dated 24/02/2025. by

Respondent No. 3, Additional Collector, Banka

without adherence to the principles of natural

justice and further without authority and
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
2/9

jurisdiction through Jamabandi Cancellation

Case No. 121/2024-25 held in favour of Raiyati

land of the petitioner having long term Jamabandi

No. 114, for the land admeasuring 50.68% acres

of land at Banka Sadar, detailed as under:

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28 258 0.22 xSjet:vk
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258 28 xSjet:vk
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258 5 xSjet:vk
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372 1.10 xSjet:vk
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373 2 114 xSjet:vk
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258 2.30 xSjet:vk
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258 5.50 xSjet:vk
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372 0.28 ¼ xSjet:vk
ekyxqtkj
3 257 0.57 xSjet:vk
?kVoky
dqy jdok 50.68¼

ii) for issuance of writ in the nature of

mandamus directing the Respondents authorities

not to disturb the physical possession of the
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
3/9

Petitioner upon which the petitioner has been in

possession since 06/10/1907 as evidenced in

khatiyan.

(iii) for holding that long term

Jamabandi cannot be cancelled in a summary

proceeding which falls within the exclusive

domain of the civil court.

(iv) for declaring that adherence of the

principles of natural justice and valid service of

notice is the sine qua non in exercise of the

authority u/s 9 (1) of the Bihar Mutation Act,

2011.

(v) for any other relief/reliefs for which

the petitioners are found entitled in the facts and

circumstances of the case.”

3. The details of the land is/are incorporated in the

prayer itself and needs no repetition.

4. The facts leading to the present case is/are as

follows:

5. The petitioner is a registered Company under

Companies Act, 1956 and is engaged in business of generation

of innovative renewable power in the form of Solar Power
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
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Energy and for the purposes of establishing a Solar Power

Plant in the District of Banka, the petitioner-company

purchased different piece of land by a number of registered

sale deeds executed by respective land holders/ Raiyats in the

year 2012 on different dates after making payment of the value

of consideration money. Needless to say, in this way petitioner

acquired about 56 acres 34.5 decimal land for establishing the

Solar Power Plant.

6. From the perusal of those sale deeds annexed as

Annexure-P/1 Series to this writ application, it transpires that

all those lands were sold by their respective raiyats and

Jamabandi were already running in their favour. In this

background, petitioner had reason to believe that the nature of

land in question was recognized by the State of Bihar in favour

of the raiyatis. Furthermore, at the time of registration of those

sale deeds, no objection was raised by any

authority/respondents disputing the nature of the land.

7. After purchase, the petitioner submitted

application(s) for the mutation of those lands in its name and

accordingly, Jamabandi No. 114 was created in the name of

petitioner all those lands were mutated which will be apparent

from perusal of Jamabandi register. Thus from on 19/09/2019
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
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onward, the respondent/authorities have issued details showing

creation of ‘Jamabandi’ with respect to entire plots of area 56

acres 34.5 decimals in the name of petitioners.

8. To support the creation of Jamabandi No. 114 in

the name of petitioners, the updated rent receipts issued by the

State of Bihar which include the rent receipt dated 20.06.2023

by the respondent-authorities.

9. It is further stated that the present owners and

promoters of the company have acquired the company M/S

Alex Green Energy Pvt. Ltd, through IBC proceeding vide

CP (IB) No. 1439/KB/2018 and CA (IB) 1205/2019 /2019

dated 25/11/2019 conducted through the jurisdictional court of

National Company Law Tribunal, Kolkata Bench, through, its

arm M/S Fortis Chemicals Pvt Ltd., and the present

management run by the directors Mr. Rajesh Agrawal and Mr.

Deepak Agrawal w.e.f 22/01/2020 after payment of entire

consideration of the purchase amount in the said IBC

processing.

10. That in course of initiating the installation of

solar power plant at the subject matter property, the petitioner

applied for the LPC which has been rejected with remarks that

the Khata No. 3, Plot No. 257 admeasuring 57 decimals have
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
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been found to be ‘Gair Mazura Khas’, the description of which

has been mentioned in Khata No.3, and the same is recorded in

revisional Khatiyan as Gairmajarua Khas land.

11. On rejection of ‘the LPC’ by the respondents, the

petitioner filed writ petition CWJC No. 13410 of 2024 with

this Court and the Court directed the Respondent no. 5 to issue

LPC (with regard to the rest of the properties except Khata

no.3 which has to be issued after verification of records) vide

an order dated 10/09/2024.

12. The petitioner in all fairness filed online

application again for the issuance of ‘the LPC’ by annexing the

order dated 10/09/2024 of CWJC No. 13410/2024 with a

request for the issuance of ‘the LPC’ against the Jamabandi

No. 114. However, it has again been rejected without assigning

any reason and acknowledging this Court’s order.

13. This followed the present petition. Learned

counsel for the petitioner submits that despite the lawyer

appearing on behalf of the petitioner, before the respondents,

no information was forthcoming and by recording a single

word (rejection), the case of the petitioner has been rejected.

This has resulted not only in the failure of the project but also

the land in which huge investment has been made is now been
Patna High Court CWJC No.7891 of 2025(4) dt.20-04-2026
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taken away by the respondents.

14. However, the submission is that after the

rejection order dated 26.10.2024, they have received another

notice for filing a petition online on 25.02.2025. The petitioner

acted on the said request which followed fresh orders passed

by the revenue authorities dated 17.03.2025 (Circle Officer,

Sadar, Banka) and the order dated 24.02.2025 by the

Additional Collector, Banka.

15. The Additional Collector, Banka has found the

Jamabandi No. 114 to be disputed and accordingly, it has been

cancelled.

16. Learned counsel for the petitioner submits that

only harassment is being meted out to them and the decisions

are being taken suo moto without even any proper hearing.

17. A counter-affidavit has come on behalf of the

respondents and learned State counsel has taken this Court to

paragraph-25 to show that the matter is appealable before the

Collector of the district.

18. This Court has recorded the entire facts of the

case and comes to the conclusion that the respondents

definitely are acting in a very highhandedness manner. The

petitioner firm has taken pains to make investment in the State
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of Bihar, valid transfers took place, the revenue authorities

accepted the said transfers and issued rent receipt. However,

the moment, the prayer for grant of ‘the LPC’ was made for

installation of Solar Power Plant, they took an U-turn and

rejected the application.

19. In that background, though this Court, at one

stage, wanted to quash the order of the Additional Collector,

Banka dated 24.02.2025 itself but on the plea put forward by

the learned State counsel that the Collector, Banka shall be

taking note of the entire facts and shall be passing a reasoned

order, it refrains from doing so.

20. The petitioner is directed to file an appeal

alongwith all the relevant documents in eight weeks and the

Collector, Banka shall be duty bound to look into each and

every aspect of the case of the petitioner starting from the point

when the petitioner purchased the lands from the raiyats which

followed the issuance of the rent receipt, issued but when an

application for grant of ‘the LPC’ was made, the present

development took place.

21. Since the petitioner firm has come in the State of

Bihar for installation of Solar Power Plant, it is expected that if

the petition is preferred in next eight weeks, after hearing the
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parties, the Collector, Banka shall be taking a decision at an

earliest and in any case, within a period of three months from

the date it receives the petition/representation of the petitioner.

22. The writ petition stands disposed of with

aforesaid observation.

(Rajiv Roy, J)
Adnan/-

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