Patna High Court

Sita Devi and OrsversusThe State Of Bihar and Ors

Decided: 19 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The writ petition is disposed, with the petitioners directed to approach the Collector within eight weeks for appropriate relief.

Summary

The petitioners, a large group of individuals, filed a writ petition seeking a certiorari to quash an order dated 30‑01‑2015 passed by the Additional Collector, Nawada, which directed cancellation of a Jamabandi and its recreation in their favour. The respondents argued that the petitioners should first have filed an appeal before the District Collector. The petitioners acknowledged the procedural remedy but cited delay. The Court noted that the matter had been pending since 2015 and, considering the circumstances, allowed the petitioners to approach the Collector within eight weeks and disposed of the writ petition. The Court directed that if a proper petition with supporting documents is filed within the stipulated period, the Collector should address the issue, taking into account the long pendency and limitation aspects.

Issues considered

Whether the petitioners were required to prefer an appeal before the District Collector before filing the writ petition.
Whether the writ petition is maintainable despite the delay and the long pendency of the matter.

Subjects

certiorari
Jamabandi
land records
limitation
administrative law
civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8814 of 2015
     ======================================================
1.    Sita Devi widow of late Mahavir Singh
2.   Masudan Singh
3.   Mithilesh Singh
4.   Jairam Singh
5.   Sudhir Singh All sons of late Mahavir Singh All resident of Village- Pasai,
     P.S. - Nardiganj, District- Nawada.
6.   Runa Devi daughter of late Mahavir Singh , wife of Krishanandan Singh
     resident of Village and P.S.- Silao, Distirct - Nalanda.
7.   Saruna Devi daughter of late Mahavir Singh , wife of Madan Singh resident
     of Village - Ramey, P.S.- Nardiganj, District- Nawada.
8.   Nageshwar Singh
9.   Shailendra Singh Both sons of Vishnu Dayal Singh
10. Most Kandi Devi @ Kanti Devi widow of late Banwari Singh
11. Ramashish Singh
12. Chandramauli Singh Both sons of late Banwari Singh
13. Vikash Singh
14. Niwas Singh Both sons of late Shashi Bhushan Singh Petitioners No. 8 to 14
    are resident of Village- Pasai, P.S. - Nardiganj, District- Nawada.
15. Phulo Devi @ Phulna Devi wife of Balmiki Singh , daughter of late Banwari
    Singh resident of Village- Jagatpur, P.S.- Wazirganj, District- Gaya.
16. Geeta Devi daughter of late Banwari Singh , wife of Ramashish Singh
    resident of Village- Koshala, P.S.- Nadirganj, District- Nawada.
17. Charitra Sao @ Chalitra Sao son of late Jethan Sao
18. Kari Devi daughter of Jethan Sao resident of Village- Pasai, P.S.- Nardiganj,
    District- Nawada.
19. Sidheshwar Singh
20. Mithilesh Singh @ Mithu Singh Both sons of late Muni Singh Petitioner No.
    19 and 20 are resident of Village- Pasai, P.S.- Nardiganj, District- Nawada.
21. Antra Devi wife of Ramesh Singh resident of Village- Kolhar, P.S.-
    Fatehpur, District- Gaya.
22. Ramswarup Singh son of Ragho Singh
23. Krishna Nandan Singh son of Gajo Singh
24. Most. Maiya Devi , widow of late Surendra Singh
25. Smt. Ruby Devi , daughter of Surendra Singh .
26. Sitaram Mahto son of Dulli Mahto
27. Jagdish Thakur son of Ramdhani Thakur
28. Shyamdeo Singh son of late Dwarika Singh Petitioner No. 22 to 28 are
    resident of Village- Pasai , P.S. - Nardiganj, District- Nawada.
Patna High Court CWJC No.8814 of 2015(4) dt.19-01-2026
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  29. Girja Devi wife of Gauri Shankar Singh @ Gorelal resident of village -
      Kajor , P.S.- Warsaliganj, District- Nawada.
  30. Uma Devi wife of Arjun Singh resident of Village- Nai Bazar , Hulastganj,
      P.S. - julasganj, District- Jehanabad.
  31. Uganta Devi wife of Balmiki Singh resident of Village- Gonawa, P.S.-
      Nawada , P.S.- Nawada , District- Nawada
  32. Mundrika Singh son of late Saho Singh resident of Village- Pasai, P.S.-
      Nardiganj, District- Nawada.
  33. Sunaina Devi daughter of late Saho Singh, wife of Suryadeo Singh resident
      of village- Bachanaha, P.S.- Hisua, District- Nawada.
  34. Antra Devi daughter of late Saho Singh, wife of Dinesh Singh resident of
      Village- Narhat, P.S. - Narhat, District- Nawada.
  35. Kaulesh Prasad @ Kamlesh Prasad
  36. Awadhesh Prasad Both sons of late Bhagirath Mahto.
  37. Kamla Devi widow of late Bhagirath Mahto
  38. Smt. Umda Devi
  39. Amt. Anshu Devi
  40. Smt. Sharmila Devi Petitioners No. 36 to 38 daughter of late Bhagirath
      Mahto.
  41. Birendra Singh son of Ramjee Singh
  42. Arbind Kumar
  43. Anil Kumar Both sons of late Haridwar Singh
  44. Mina Devi widow of Haridwar Singh
  45. Renu Devi wife of late Jetendra Kumar
  46. Ram Sharan Mahto son of Paro Mahto Petitioners No. 33 tp 46 are resident
      of Village- Pasai, P.S.- nardiganj, District- Nawada.

                                                               ... ... Petitioner/s
                                              Versus
  1.    The State Of Bihar.
  2.    The Divisional Commissioner, Magadh Division, Gaya.
  3.    The Collector , Nawada.
  4.    The Addl. Collector, Nawada.
  5.    The Sub-Divisional Officer, Nawada.
  6.    The Deputy Collector , Land Reforms , Nawada.
  7.    The Circle Officer, Hisua, District- Nawada
  8.    The Circle Officer, Nardiganj, District- Nawada.
  9.    Krishna Singh
  10. Birendra Kumar Singh Son of late Bindeshwari Singh, Resident of Pacheya,
  1. Nardiganj, District- Nawada, Bihar - 805109.
Patna High Court CWJC No.8814 of 2015(4) dt.19-01-2026
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  10. Sunil Kumar Son of late Bindeshwari Singh, Resident of Pacheya,
  2. Nardiganj, District- Nawada, Bihar - 805109.
  10. Uday Kumar Son of Late Bindeshwari Singh, Resident of Pacheya,
  3. Nardiganj, District- Nawada, Bihar - 805109.
  11. Rajnandan Singh Respondents no. 9 to 11 are sons of Late Maheshwar Singh
      resident of village- panchaya, P.S. Nardiganj, District- Nawada.
  12. Shyampari Devi W/o Basant Singh resident of village- Sihati, P.S.- Kako,
      District- jehanabad.
  13. Basudeo Pd. Yadav.
  14. Amrit Pd. Yadav Both sons of Late Ramu Pd. Yadav
  15. Rachoo Devi W/o Ramsawrup Pd. Yadav.
  16. Shiv Nandan Pd. Yadav
  17. Brahmdeo Pd. Yadav BOth sons of Late Akhju Pd. Yadav
  18. Ram Briksha Pd. Yadav
  19. Bachu Yadav son of Chhatan Pd. Yadav
  20. Balram Pd. Singh son of Shukhdeo Singh
  21. Sarda Devi W/o Shukhdeo Singh
  22. Sarswati Devi W/o Nandan Pd. Yadav
  23. Nandan Pd. Yadav S/o Rameshwar Yadav
  24. Arvind Kumar S/o Nandan Yadav
  25. Ramdeo Yadav S/o Sukhdeo Yadav
  26. Shyamdeo Yadav S/o Late Jayeo Yadav
  27. Bajir Yadav s/o Late Chhato Yadav
  28. Tetari Devi W/o Bagir Yadav
  29. Hari Pd. Yadav S/o Bajir Yadav
  30. Bilash Devi W/o Late Birhspati Yadav.
  31. Baiju Yadav S/o Late Chhedi Yadav
  32. Chhunia Devi W/o Ram Briksha Yadav
  33. Pariyag Yadav S/o Shohrai, Yadav All respondent no. 13 to 33 are belong to
      resident of village- Pasai, P.S. nardiganj, District- Nawada

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :        Mr. Ram Shankar Kumar, Advocate
                                         Ms. Shruti Sinha, Advocate
       For the Respondent/s     :        Mr. Ramadhar Singh, GP-25
                                         Mr. Prem Singh, Advocate
                                         Mr. Baban Roy, Advocate
                                         Ms. Sonakshi, Advocate
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
         Patna High Court CWJC No.8814 of 2015(4) dt.19-01-2026
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                                                  ORAL ORDER

4   19-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance of writ/writs, order/orders,

                                   direction/directions to the respondent authority and

                                   thereby to issue a writ in the nature of certiorari

                                   for quashing the order dated 30.01.2015 passed by

                                   the Addl. Collector, Nawada in Jamabandi

                                   Cancellation Case No. 21/2013-14 by which the

                                   learned Addl. Collector has remanded the matter to

                                   cancel Jamabandi created wrongly and thereafter

                                   to create Jamabandi in favour of the petitioner

                                   before him i.e. respondent herein in this writ

                                   application.”

                               3. The stand of the respondents is/are that the

                   petitioner ought to have preferred an appeal against the order in

                   question before the Collector of the district.

                               4. Learned counsel for the petitioners after some

                   argument submits that they shall be availing the said remedy but

                   there has been delay.

                               5. The respondents have no objection to it in view of

                   the fact that the matter was pending before this Court since
          Patna High Court CWJC No.8814 of 2015(4) dt.19-01-2026
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                    2015.

                                6. In that background, the writ petition stands

                    disposed of allowing the petitioners to approach the Collector,

                    Nawada in next eight weeks.

                                7. If a proper petition alongwith supporting document

                    is/are filed in next eight weeks, the Collector, Nawada shall see

                    to it that the matter is pending before this Court since last eleven

                    years while taking up the limitation petition.



                                                  (Rajiv Roy, J)
Adnan/-

U

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