Patna High Court
Safalta Singh @ Saphalta Singh,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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