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Patna High Court

Mohammad ShamiullahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it would not interfere with the pending revision and directed the Commissioner to decide the matter within three weeks.

Summary

The petitioner, Mohammad Shamiullah, filed a writ petition seeking the cancellation of a collusive Jamabandi (land record) created in favour of respondents Gulshan Khatoon and Jahangir Ali, alleging that the entry violated section 6(12) of the Bihar Land Mutation Act, 2011 and a directive issued by the Divisional Commissioner. The petition also invoked a memo dated 01.10.2024 directing action against the official who created the Jamabandi. The High Court noted that a revision of the matter is already pending before the Commissioner, Saran, and therefore declined to interfere directly. The Court directed the Commissioner to decide the revision within three weeks. Consequently, the writ petition was disposed of without any substantive order on the cancellation of the Jamabandi.

Issues considered

  • Whether the High Court can entertain a writ petition for cancellation of a Jamabandi when a revision is pending before the Commissioner.
  • Whether the creation of the Jamabandi contravenes section 6(12) of the Bihar Land Mutation Act, 2011 and the memo issued by the Divisional Commissioner.

Legislation cited

Subjects

  • land mutation
  • Jamabandi
  • collusive record
  • writ jurisdiction
  • revision
  • Bihar Land Mutation Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8170 of 2026
                 ======================================================
                 Mohammad Shamiullah Son of Mohammad Islam, Resident of Hazipur, Ward
                 No. 27, P.O.- Gopalganj, P.S.- Gopalganj Town, District- Gopalganj- 841428.

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Saran Division, Chapra.
           3.    The Collector-cum-District Magistrate, Gopalganj.
           4.    The Additional Collector, Gopalganj.
           5.    The Deputy Collector, Land Reforms, Gopalganj.
           6.    The Circle Officer, Gopalganj Circle, Gopalganj.
           7.    The Revenue Officer, Gopalganj Circle, Gopalganj.
           8.    Gulshan Khatoon, Wife of Babu Ali, D/o Late Ishhaque, Resident of Village-
                 Hazipur, Ward No. 27, P.O.- Gopalganj, P.S.- Gopalganj Town, District-
                 Gopalganj- 841428.
           9.    Jahangir Ali, Son of Babu Ali, Resident of Village- Hazipur, Ward No. 27,
                 P.O.- Gopalganj, P.S.- Gopalganj Town, District- Gopalganj- 841428.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Jeetendra Narayan, Advocate
                 For the State          :        Mr. Dhurjati Kumar Prasad, G.P-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
                                       ORAL ORDER

2   24-06-2026                   Heard Sri Jeetendra Narayan, learned counsel for the

                   petitioner and Sri Dhurjati Kumar Prasad, learned counsel for

                   the State.

                                 2. The present writ petition has been filed with the

                   following prayers:

                                                      That this is an application for
                                            issuance of appropriate writ(s), order(s),
                                            direction(s) to take appropriate steps for
Patna High Court CWJC No.8170 of 2026(2) dt.24-06-2026
                                            2/3




                                  cancellation of collusive Jamabandi no.
                                  1892     its    computerize   Jamabandi     No.
                                  197122400065872 which has been created
                                  in favour of the respondent no. 8 & 9
                                  relating to the subject land pertaining under
                                  Khata No. 82 its concerning survey no. 311,
                                  330, 432, 470 & 607 admeasuring in Area of
                                  17 Katha 2 dhur situated under Revenue
                                  village/ Mauza Haziapur its Revenue Thana
                                  No. 81, Revenue Circle Gopalganj in the
                                  District of Gopalganj which is beyond the
                                  mandate of section 6(12) of the Bihar Land
                                  Mutation Act, 2011 as well as the direction
                                  issued vide Memo No. 2239, Chapra dated
                                  01.10.2024 issued by the respondent no. 2
                                  i.e. the Divisional Commissioner, Saran
                                  Division, Chapra and further directed to the
                                  concern respondents to take appropriate
                                  action against respondent no. 6 who created
                                  the abovementioned Collusive Jamabandi
                                  No. 1892 its computerize Jamabandi No.
                                  197122400065872         in    favour   of   the
                                  respondent no. 8 & 9 ignoring the abovesaid
                                  mandates of the Bihar Land Mutation Act,
                                  2011 and direction of the Divisional
                                  Commissioner, Saran Division, Chapra And
                                  any other writ(s), order(s), direction(s) to
                                  which the petitioners which may deem just
                                  proper and necessary in view of the facts
                                  and circumstances discussed herein under.
          Patna High Court CWJC No.8170 of 2026(2) dt.24-06-2026
                                                      3/3




                                3. In view of the fact that the present Revision is

                    pending before the Commissioner, Saran at Chapra, I am not

                    inclined to interfere in this matter.

                                4. The Commissioner, Saran at Chapra is hereby

                    directed to decide the Revision of the petitioner within a period

                    of three weeks.

                                5. With the aforesaid direction, the present writ

                    petition is disposed of.



                                                                   (Alok Kumar, J)
    Bipin/-

U


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