Patna High Court
Mohammad ShamiullahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR
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
- Bihar Land Mutation Act, 2011 — s. 6(12)
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
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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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