Patna High Court
Nand Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The petition is disposed, with liberty to the parties to seek appropriate remedies under the law.
Summary
The petitioner, Nand Kishor Yadav, filed a writ petition against the State of Bihar and several officials seeking further action after the cancellation of jamabandi entries that favored encroachers. The Court noted that the Circle Officer had initiated a cancellation case (MJC No.24 of 2022-23) and, on 9 October 2024, the Additional Collector‑cum‑Additional District Magistrate ordered the cancellation of those jamabandi entries. The petitioner asked the Circle Officer to continue proceedings, while the encroachers sought time to challenge the cancellation order. After considering the facts, the Court disposed of the petition, granting the parties liberty to pursue any appropriate legal remedies available under the law. No specific statutory or case law was cited.
Issues considered
- Whether the Circle Officer should be directed to proceed further after the cancellation of jamabandi entries in favour of encroachers.
- Whether the encroachers are entitled to time to challenge the order dated 9 October 2024 cancelling the jamabandi.
Subjects
- land records
- jamabandi
- encroachment
- civil writ jurisdiction
- cancellation of land records
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1422 of 2023
In
Civil Writ Jurisdiction Case No.15143 of 2021
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Nand Kishor Yadav S/o Sahadeo Yadav @ Sahdeo Yadav R/o Village-Maya
Bigha, P.S.-Madanpur, District-Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary Mr. Chataitanya Prasad, Home
Department, Government of Bihar, Patna.
2. Mr. Saurabh Jorawal, The District Magistrate, Aurangabad Bihar.
3. Mr. Ashish Kuamr Sinha The A.D.M, Land Reforms,Aurangabad Bihar.
4. Mr. Vijayant Kumar Sub-Divisional, Public Grievance Officer, Aurangabad,
Bihar.
5. Mrs. Anju Singh, The Circle Officer, Madanpur, Aurangabad, Bihar.
6. Meena Devi W/o Late Kamlesh Yadav R/o Maya Bigha, P.S.- Madanpur,
District- Aurangabad Bihar
7. Ajay Yadav S/o Late Maheshi Yadav R/o Village- Maya Bigha, P.S.-
Madanpur, District- Aurangabad Bihar
8. Surendra Yadav S/o Late Sarvdev Yadav R/o Village- Maya Bigha, P.S.-
Madanpur, District- Aurangabad Bihar.
9. Mahendra Yadav S/o Late Sarvdev Yadav R/o Village- Maya Bigha, P.S.-
Madanpur, District- Aurangabad Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lal Bahadur Singh, Adv.
For the Opposite Party/s : Mr.Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
7 11-03-2026 The learned counsel for the opposite parties submits
that in compliance of the order of this Court dated 21.10.2022,
passed in CWJC No. 15143 of 2021, the Circle Officer,
Madanpur, Aurangabad had proceeded with the matter and it
transpired that jamabandies are existing in favour of the
encroachers, hence Jamabandi Cancellation Case No. 24 of
Patna High Court MJC No.1422 of 2023(7) dt.11-03-2026
2/2
2022-23 was initiated and vide order dated 9.10.2024, passed by
the Additional Collector-cum-Additional District Magistrate,
Aurangabad, the jamabandies in question have been cancelled.
2. In view of the aforesaid, the learned counsel for the
petitioner prays that the Circle Officer, Madanpur, Aurangabad
be directed to proceed further in the matter while the learned
counsel appearing for the encroachers submits that he be
granted some time to challenge the aforesaid order dated
9.10.2024.
3. Having regard to the facts and circumstances of the case,
the present petition is disposed off with liberty to the concerned
parties to take recourse to the appropriate remedies available
under the law.
(Mohit Kumar Shah, J)
Ajay/-
U
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