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Patna High Court

Janardan Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                      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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