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Patna High Court

Suryadev Narayan Chaurasiya @ Suryadeo Narayan Chaurasiya,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed; the petitioner may seek relief by filing a petition before the Bihar Land Tribunal.

Summary

Petitioner Suryadev Narayan Chaurasiya filed a writ petition challenging the order dated 28‑04‑2026 of the Additional District Magistrate, Vaishali, which cancelled his long‑standing Jamabandi (land record) for 80 decimals of land in Mauza Dhane Goraul. He sought quashing of the cancellation, a restraining order against the respondents from interfering with his title and possession, and any other relief. The Court observed that the petitioner has an alternative statutory remedy before the Bihar Land Tribunal. Consequently, the writ petition was disposed of, granting the petitioner liberty to file an appropriate petition before the Tribunal within four weeks, with the Tribunal’s decision to be rendered within six months and any stay application to be decided promptly. The order effectively dismisses the writ petition while directing the petitioner to pursue relief through the designated land tribunal.

Issues considered

  • What is the validity of the Additional District Magistrate's order cancelling the petitioner’s Jamabandi?
  • Whether the High Court can entertain the writ petition when an alternative remedy exists before the Bihar Land Tribunal?

Subjects

  • land rights
  • Jamabandi cancellation
  • writ petition
  • Bihar Land Tribunal
  • property dispute
  • alternative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8491 of 2026
                 ======================================================
                 Suryadev Narayan Chaurasiya @ Suryadeo Narayan Chaurasiya, S/o Late
                 Rameshwar Bhagat, Resident of Village- Dhane Goraul, P.O. and P.S.-
                 Goraul, District- Vaishali

                                                                                ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar Through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The Collector, Vaishali.
           3.    The Additional District Magistrate, Vaishali.
           4.    The D.C.L.R., Mahua, District- Vaishali.
           5.    The Circle Officer, Goraul, District- Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Surya Kant Mishra, Advocate
                                                 Mr. Alok Ranjan, Advocate
                                                 Ms. Lakshmi Kumari, Advocate
                 For the Respondent/s   :        Mr. Government Pleader (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
                                       ORAL ORDER

2   02-07-2026                   Heard Mr. Surya Kant Mishra, Mr. Alok Ranjan and

                   Ms. Lakshmi Kumari, learned counsel for the petitioner and

                   learned counsel for the State.

                                 2. The present writ petition has been filed with the

                   following reliefs:

                                                      I. The order dated 28.04.2026
                                            passed by the respondent Additional District
                                            Magistrate,       Vaishali     in       Jamabandi
                                            Cancellation Case No.249/2022-23 whereby
                                            and where under the respondent Additional
                                            District Magistrate has been pleased to
          Patna High Court CWJC No.8491 of 2026(2) dt.02-07-2026
                                                      2/2




                                            cancel the long standing Jamabandi of the
                                            petitioner being Jamabandi No. 699 in
                                            respect of a land situated at Mauza Dhane
                                            Goraul, Thana No.-27 appertaining to Khata
                                            No.356, Kheshara No.1959 having an area
                                            of 80 Dec., be quashed.
                                                         П. The respondents be restrained
                                            from interfering with the right title, interest
                                            and peaceful possession of the petitioner
                                            over the land in question in any manner.
                                                         III. The petitioner be extended any
                                            other relief/reliefs for which he found
                                            entitled.
                                3. In view of the fact that the there is an alternative

                    remedy available to the petitioner, the present writ petition is

                    disposed of with liberty to the petitioner to file appropriate

                    petition before the Bihar Land Tribunal, Patna.

                                4. It is made clear that if such petition is filed before

                    the Tribunal within four weeks, then the same shall be decided

                    within six months.

                                5. Needless to say that if the petitioner files a stay

                    application before the Tribunal, the same shall be disposed of as

                    soon as possible.

    Bipin/-                                                        (Alok Kumar, J)

U


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