Patna High Court
Janardan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is maintainable and the Additional Collector must dispose of the Jamabandi Cancellation case within four weeks.
Summary
Petitioner Janardan Prasad Singh challenged a notice dated 07.02.2026 issued by the Additional Collector, Nalanda, in a Jamabandi Cancellation case (No. 212 of 2025‑26) after his claim for Raiyati land was rejected. He had filed an objection to the notice, but the Additional Collector failed to decide the matter for four months. The State argued that the writ petition was not maintainable because the underlying cancellation case was still pending. The Court examined the delay and held that the prolonged pendency without justification infringed the petitioner's legal rights. Consequently, the Court directed the Additional Collector to dispose of the Jamabandi Cancellation case within four weeks and disposed of the writ petition with that direction.
Issues considered
- Whether a writ petition challenging a notice is maintainable when the substantive Jamabandi Cancellation case is still pending.
- Whether the revenue authority's unreasonable delay violates the petitioner's right to a speedy decision.
- Whether the court can issue a mandatory direction to the Additional Collector to dispose of the pending case within a specified time.
Subjects
- writ jurisdiction
- Jamabandi cancellation
- land revenue
- procedural delay
- right to property
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8071 of 2026
======================================================
Janardan Prasad Singh S/o late Ramkeshwar Prasad Sinha, Resident of
Village - Nimapur, P.O. - Mayar, P.S. - Chabilapur, District- Nalanda.
... ... Petitioner
Versus
1. The State of Bihar Through Secretary Department of Revenue and Land
Reforms, Government of Bihar, Patna.
2. The District Magistrate, Nalanda at Biharsharif.
3. Additional Collector, Nalanda.
4. Circle Officer Rajgir, Nalanda at Biharsharif.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sudhir Kumar Raj, Advocate
For the State : Mr. Rakesh Kumar Ranjan, A.C. to G.A.5
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 02-07-2026 Heard the parties.
2. The petitioner has assailed the notice dated
07.02.2026 as contained in memo no. 77 issued under the hand
of Additional Collector, Nalanda in connection with Jamabandi
Cancellation Case No. 212 of 2025-26 which has been issued
pursuant to and on the recommendation of the order dated
15.01.2026 passed by Assistant Collector-cum-Anchal Adhikari,
Rajgir, Nalanda, who has passed the order in view of the order
passed by the Collector, Nalanda in Miscellaneous Case No. 28
of 2017 whereby the claim of the petitioner for declaration of
the land as Raiyati land has been rejected.
3. Learned counsel for the petitioner submits that
Patna High Court CWJC No.8071 of 2026(2) dt.02-07-2026
2/3
pursuant to the notice (supra), he has appeared before the
Additional Collector, Nalanda and has already filed his
objection petition thereon, but, till date, i.e., for the last four
months, the matter has been pending before the Additional
Collector, Nalanda without any order being passed by him in the
connected matter. At this stage, learned counsel for the State
submits that the writ application of the petitioner is not
maintainable because in the Jamabandi Cancellation Case which
is pending before the Additional Collector, Nalanda, no order
has been passed and the petitioner has approached this Court
against the notice issued in that Jamabandi Cancellation Case
where the final adjudication is still pending.
4. Heard learned counsel for the parties and perused
the documents placed on record.
5. It is evidently clear from the Annexures that
pursuant to the notice issued by the Additional Collector in
Jamabandi Cancellation Case No. 212 of 2025-26, the petitioner
has already appeared and has filed his objection in response to
the contention made on behalf of the respondent revenue
authorities who have recommended for cancellation of the
Jamabandi, but, instead of deciding the claim in Jamabandi
Cancellation Case, the matter has been kept pending without
Patna High Court CWJC No.8071 of 2026(2) dt.02-07-2026
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any plausible reason. Keeping the matter pending without any
proper justification and that too for an unreasonable time
infringes upon the legal right of the persons who have been put
to such adverse situation by the revenue authorities.
6. In these circumstances, the Additional Collector,
Nalanda is hereby directed that he must dispose off the
Jamabandi Cancellation Case No. 212 of 2025-26 within a
period of four weeks henceforth after hearing all the necessary
parties in the matter, failing which the matter would be taken
very seriously by this Court which may entail serious legal
consequences for the authorities who are making the common
citizens to live in the constant fear of being dispossessed on
account of the pendency of the matter before the revenue
authorities. Accordingly, this matter is disposed off with the
aforesaid direction.
7. All pending interlocutory application(s), if any,
stand/s disposed off.
Smriti/ (Rana Vikram Singh, J)
Supratim-
U
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