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Patna High Court

Safalta Singh @ Saphalta Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ petition, directing the parties to approach the Collector for a fresh adjudication and allowing the petitioner to file a petition within four weeks.

Summary

Safalta Singh filed a writ petition challenging the initiation of a Jamabandi cancellation proceeding (Case No. 176/2024-25) by the Additional Collector, Saran, on the ground that the notice dated 5‑Feb‑2025 did not comply with Section 9 of the Mutation Act, 2011 and that the subsequent cancellation order was ultra‑vires. The petitioner sought certiorari to quash the notice and the cancellation order, a prohibition writ against the Collector, and other directions. The State counsel argued that the matter should first be decided by the Collector and that the petitioner’s relief could be addressed therein. Both parties agreed to approach the Collector for adjudication. Consequently, the High Court disposed of the writ petition, directing the petitioner to file a fresh petition within four weeks before the Collector, who must hear both sides and pass a reasoned order.

Issues considered

  • Whether the notice initiating the Jamabandi cancellation complied with Section 9 of the Mutation Act, 2011.
  • Whether the Additional Collector had jurisdiction to cancel the Jamabandi and whether such power is ultra vires.
  • Whether the writ petition should be entertained or the matter should be referred to the Collector for adjudication.

Subjects

  • Jamabandi
  • Land reform
  • Mutation Act
  • Section 9
  • Certiorari
  • Prohibition writ
  • Ultra vires
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9954 of 2025
                 ======================================================
                 Safalta Singh @ Saphalta Singh, W/o. Rakesh Kumar, Resident of Village-
                 Dumri Buzurg, P.S. Nayagaon, District- Saran, Presently residing at B/78,
                 Ashokpuri, Khajpura, P.O. BV College, P.S. Shastri Nagar, District- Patna,
                 Bihar.

                                                                                ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Govt. of Bihar, Patna
           3.    The Divisional Commissioner, Saran Division, Saran
           4.    The Collector, Saran, Chapra,
           5.    The Additional Collector, Saran, Chapra,
           6.    The Land Reforms Deputy Collector, Sonepur, Saran
           7.    The Circle Officer, Sonepur, Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Pratik Kumar Sinha, Adv.
                 For the Respondent/s   :        Mr. Government Pleader (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2026                   Heard Mr. Pratik Kumar Sinha, learned counsel for

                   the petitioner and Ms. Dimpal Kumari for the State.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (I) To issue a writ of Certiorari
                                            quashing the very initiation of proceedings of
                                            Jamabandi Cancellation Case No. 176/2024-
                                            25   initiated   by    the    respondent        no.5,
                                            Additional Collector, Saran at Chapra
                                            against the petitioner vide notice dated
Patna High Court CWJC No.9954 of 2025(2) dt.21-04-2026
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                                 5/2/2025 with respect to a piece of land
                                 measuring to an area of 55,785 decimals
                                 equivalent to 15 Kathas, bearing Khata No.
                                 1653, Kheshra No. 94, having Jamabandi
                                 No. 3269, Mauza-Dumri Buzurg. Thana No.
                                 22, Circle-Sonpur, District, Saran, Chapra
                                 on the ground that it is incompetent and that
                                 such notice dated 5/2/2025 does not meet the
                                 requirement as prescribed under Section 9 of
                                 the Mutation Act, 2011;
                                              (II) To issue a further writ of
                                 certiorari quashing and setting aside the
                                 order dated 11/3/2025 of the respondent no.
                                 5. Additional Collector, Saran, Chapra,
                                 passed in Jamabandi Cancellation Case No.
                                 176/2024-25 by which it cancelled the
                                 Jamabandi No. 3269 of the petitioners
                                 emanating from Jamabandi No. 2628, in
                                 respect to the piece of the land appertaining
                                 to Khata No. 1653, Kheshra No. 94, having
                                 an area of 55.785 decimals equivalent to 15
                                 Kathas, Mauza-Dumri Buzurg. Thana No.
                                 22, Circle Sonpur, District, Saran, Chapra;
                                              (III) To issue a writ of prohibition
                                 upon the respondent authorities, especially
                                 to the respondent no. 4, Collector, Saran,
                                 Chapra restraining him to take the peaceful
                                 possession of the petitioners in regard to the
                                 land in question. aforesaid, pursuant to the
                                 order dated 11/3/2025 of the respondent no.
Patna High Court CWJC No.9954 of 2025(2) dt.21-04-2026
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                                 5, Additional Collector, Saran, Chapra
                                 cancelling        the      Jamabandi       No.     3269
                                 respondent no.5, Additional Collector, Saran,
                                 Chapra on the ground that the provision of
                                 law by virtue of which the respondent
                                 authorities had statutory right to eject the
                                 persons from possession of the land has been
                                 held to be ultra vires by the Hon'ble Division
                                 Bench of this Hon'ble Court in the case of
                                 Ramowtar Lakhotia Vs. The State of Bihar
                                 and Ors since reported in 2024(3) BLJ 329.
                                              (IV)         To      issue    appropriate
                                 writ/writs, order/orders, direction/directions
                                 as this Hon'ble Court may deem fit and
                                 proper       in     the        attending   facts   and
                                 circumstances of the case to meet the ends of
                                 Justice.
                      3. The petitioner, after some argument, submits that

          she shall be challenging the order passed by the Additional

          Collector, Saran at Chhapra in the Jamabandi Cancellation Case

          No. 176 of 2024-25 (State of Bihar vs. Safalta Singh) before the

          Collector, Saran at Chhapra and he be allowed to take up all the

          points including the order passed by a Bench of this Court in the

          case of Shyam Mohan Shahi vs. State of Bihar disposed of on

          18.02.2014.

                      4. Learned State Counsel submits that once the matter

          will be taken up by the Collector, Saran at Chhapra, all the
           Patna High Court CWJC No.9954 of 2025(2) dt.21-04-2026
                                                       4/4




                     points will be available to the petitioner much less the order in

                     question. The State shall also be providing the documents/ their

                     case/ case laws to support the contention/ rebut the point put

                     forward by the petitioner.

                                 5. Since the parties have agreed to approach the

                     Collector, Saran at Chhapra, the writ petition is disposed of

                     allowing the petitioner to file petition in next four weeks and the

                     Collector, Saran at Chhapra shall be adjudicating the matter in

                     accordance with law after hearing all the parties including the

                     State respondents and pass a reasoned order at an earliest.

                                 6. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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