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Patna High Court

Devendra Kumar @ Devendra Kumar Shah,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must pursue the statutory appeal under Section 9(6)(a) of the Bihar Land Mutation Act, 2011, and the writ petition is not the appropriate remedy.

Summary

The petitioner filed a writ petition under Article 226 challenging the Additional Collector's order dated 13-04-2026 that cancelled Jamabandi No. 147, which had been in his family for generations. The Court observed that the matter could be effectively addressed through the statutory appeal mechanism provided in Section 9 of the Bihar Land Mutation Act, 2011, which allows an appeal to the district Collector within thirty days, with power to condone delay. The Court therefore directed the petitioner to withdraw the writ application and pursue the appeal before the Collector of Kishanganj, noting that any limitation issue should be considered by the Collector. It also held that the writ jurisdiction is not appropriate where a specific statutory remedy exists. All pending interlocutory applications were disposed of.

Issues considered

  • Whether the cancellation of Jamabandi can be challenged by a writ under Article 226 of the Constitution.
  • Whether the existence of a statutory appeal under Section 9 of the Bihar Land Mutation Act, 2011 bars the writ jurisdiction.
  • Whether limitation can be condoned when the petitioner seeks relief through the statutory appeal.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • Jamabandi
  • land mutation
  • statutory appeal
  • limitation
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7957 of 2026
                 ======================================================
                 Devendra Kumar @ Devendra Kumar Shah, Son of Late Dhaneshwar Prasad,
                 Resident of Village and P.O. Sukhasan Via Gwalpara, P.S.- Arar, District-
                 Madhepura at present residing at KV BSF Camp Khagra, Kishanganj, Bihar
                 855108.

                                                                              ... ... Petitioner
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    Commissioner Purnea Division, Purnea.
           3.    Collector, Kishanganj, Bihar.
           4.    Additional Collector, Kishanganj, District- Kishanganj.
           5.    Deputy Collector, Land Reforms, Kishanganj.
           6.    Circle Officer, Kishanganj Circle, District-Kishanganj.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :         Mr. Shanti Pratap, Advocate
                                                 Mr. Ajit Ranjan Kumar, Advocate
                 For the Respondents   :         Mr. Sarvesh Kumar Singh, AAG-13
                                                 Mr. Abhinav Alok, AC to AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   01-07-2026                  Heard the parties.

                                2. The petitioner has preferred this writ application

                   assailing the order dated 13.04.2026 passed by Additional

                   Collector, Kishanganj in Jamabandi Cancellation Appeal No. 39

                   of 2025-26, whereby the long standing Jamabandi No. 147,

                   created in favour of the petitioner and his ancestors, has been

                   cancelled.

                                3. Without going into the merits of the various claims

                   as raised by the petitioner in the writ applications, which cannot
Patna High Court CWJC No.7957 of 2026(2) dt.01-07-2026
                                            2/3




          be decided in writ jurisdiction, there appears to be an

          efficacious, alternative remedy available to him in the form of

          statutory appeal, against the order passed by the Additional

          Collector, under Section 9 of the Bihar Land Mutation Act,

          2011. Section 9(6)(a) Land Mutation Act, 2011 lays down that

          an appeal against the order of the Additional Collector passed

          under Section 9 cancelling the Jamabandi shall lie with the

          Collector of the district within thirty days from the order

          appealed against and under Section 9(6)(b) and 9(6)(c), the

          Collector has been empowered to condone the delay in filing the

          said appeal against the order of Jamabandi cancellation passed

          by Additional Collector and also has the power to pass any order

          modifying, altering or setting aside the order appealed against,

          but only after issuing notice to all concerned and having heard

          them in the matter.

                      4. Mr. Sarvesh Kumar Singh, AAG-13 duly assisted

          by Mr. Abhinav Alok, AC to AAG-13 has urged the Court to go

          through Section 9 of the Bihar Land Mutation Act, 2011

          whereby the definite provision for filing an appeal with respect

          to orders passed in Jamabandi Cancellation, has been given

          which the petitioner could avail by approaching the Collector by

          filing an appeal in terms of Section 9(6)(a).
            Patna High Court CWJC No.7957 of 2026(2) dt.01-07-2026
                                                        3/3




                                  5. In this view, the learned counsel for the petitioner

                      seeks and prays for withdrawal of the writ application with

                      liberty to file a statutory appeal in terms of Section 9(6)(a)

                      before the Collector, Kishanganj within three weeks henceforth

                      and in case such appeal is filed, the Collector, Kishanganj is

                      under obligation under the law to consider and dispose off the

                      said appeal within a reasonable period of time positively

                      adjudicating the claims and rival claims of the parties.

                                  6. It goes without saying that if any question of

                      limitation arises before the competent authority, the same shall

                      be considered taking into consideration the fact that the

                      petitioner was pursuing the remedy/issue before this Court

                      under Article 226 of the Constitution of India.

                                  7. All pending interlocutory application(s), if any,

                      stand/s disposed off.



                                              (Rana Vikram Singh, J)
Smriti/
Supratim-

U


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