Krishna Kumar Goenka vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16876 of 2022
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Krishna Kumar Goenka Son of Late Kedar Nath Goenka through the Power
of Attorney Holder namely Arun Kumar Goenka, resident of Laxmi Bhawan,
Munger, P.S.- Town Munger, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The District Magistrate, Jamui, District- Jamui.
4. The Circle Officer, Khaira, P.S. Khaira, District- Jamui.
5. Circle Inspector, Khaira, P.S. Khaira, District- Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
Mr. Abhilasha Kumari, Advocate
For the Respondent/s : Mr. Raj Kishore Roy, GP-18
Mr. Navnit Kumar, AC to GP18
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 18-06-2026
Heard the learned counsel for the parties.
2. The petitioner is aggrieved by the fact that the rent
receipts, which were being issued to the petitioner for the last 60
years, were stopped all of a sudden.
3. Learned counsel for the petitioner submits that
earlier the two brothers of the petitioner had approached this
Hon'ble Court and this Hon'ble Court had very categorically
held that the land had a longstanding jamabandi and which was
permitted by the State to continue for so long, and thereafter, in

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the said case, a notice under Section 3(H) was issued, which
was set aside and the Court had categorically held that the only
option which was with the State of Bihar was to approach a
Civil Court of competent jurisdiction to decide the issue.
4. It has been submitted by the learned counsel for the
petitioner that overreaching the previous order passed by this
Hon'ble Court and to bypass the said observations made therein,
the State of Bihar designed a separate approach and stopped
issuing rent receipts in favour of the petitioner, who happens to
be the brother of the earlier two petitioners. It has next been
submitted that the respondent authorities did not stop there and
in fact, during the pendency of the writ application, the Circle
Officer had the audacity to recommend for cancellation of
jamabandi of the petitioner and the Additional Collector had
gone ahead and has initiated a Cancellation Case No.39 of 2023.
5. Having heard the learned counsel for the parties
and going through the documents on record, this Court finds
that this is yet another case that the State has acted in a very
autocratical manner, where they have shown defiance not only
to the orders of this Court but have also bypassed the various
judicial pronouncements where it has been very categorically
held that a longstanding jamabandi cannot be cancelled in

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summary proceedings and the only option the State has is to file
a civil suit.
6. In the present matter this Court has observed that
during the pendency of the writ application the recommendation
for cancellation was given and the Additional Collector has
gone on to institute a case for cancellation.
7. This is in teeth of the order passed in the case of
The King vs. Parmanand and Others, reported in AIR (36)
1949 Patna 222 , wherein this Court had observed as under:-
‘’...It is a cardinal principle that when a
matter is pending for decision before a
Court of justice nothing should be done
which might disturb the free course of justice
and this Court will discountenance any
attempt on the part of any executive official,
however high he may be, to prejudge the
merits of a case and to usurp the functions of
the Court which has got seisin of the case… ’’
8. In view of such settled law and finding the present
case to be one of those cases where the authorities had exceeded
their jurisdiction and acted beyond the same, the action taken by
the Circle Officer, Khaira, Jamui, is to be deprecated and the
initiation of the Cancellation Case No.39 of 2023 is held to be
bad.
9. The Circle Officer, Khair, Jamui, is directed to start

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issuing rent receipts in favour of the petitioner with immediate
effect.
10. As already observed, if the State is adamant about
taking any action against the petitioner the only remedy they
have is to go before a competent Civil Court and any action
taken apart from the same would be treated as contemptuous.
11. The writ application stands allowed.

(Sourendra Pandey, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.06.2026
Transmission Date NA