Chandra Kishore Yadav vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17623 of 2022
======================================================
1. Chandra Kishore Yadav, Son of Late Bhogilal Yadav Resident of Village-
Menha, P.O.- Hadipur, P.S.- Bihra, District- Saharsa.
2. Sanjeev Kumar, Son of Chandra Kishore Yadav Resident of Village- Menha,
P.O.- Hadipur, P.S.- Bihra, District- Saharsa.
3. Amit Kumar, Son of Chandra Kishore Yadav Resident of Village- Menha,
P.O.- Hadipur, P.S.- Bihra, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue and
Land Reforms, Govt. of Bihar, Patna.
2. The Collector-cum-District Magistrate, Saharsa at Saharsa.
3. The Additional Collector, Saharsa at Saharsa.
4. The Deputy Collector, Land Reforms, Sadar, Saharsa at Saharsa.
5. The Circle Officer, Sattar Kataiya, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rudrank Shivam Singh, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 22-06-2026
Heard the learned counsel for the parties.
2. The present writ petition has been filed by the
petitioner for following reliefs:-
“The petitioner prays for issuance of
a writ of certiorari, seeking quashing of the
Notice issued under Section 09 of the Bihar
Land Mutation Act, 2011 dated 26.06.2021
on the orders of respondent no. 3 for
cancellation of petitioners "Jamabandi" and

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
2/7
further for quashing and setting aside of the
consequent Jamabandi Cancellation Case
No. 72/21-22 (File No. 1 /2021-22), wherein
the 'Jamabandi' of land standing in the name
of the petitioners, described as Khata No.
754, Khesra No: 7514 & 7680 admeasuring
about 8 acres is sought to be cancelled for
the purposes of construction of an old age
home over 5 acres and a Gowdown over 2.5
acres of the said land, on the premise that
the aforesaid land is "Gair Mazrua Khas"
Land.
The petitioners further pray for
quashing the letter no. 115-2 dated
06.09.2019 issued under the signatures of
respondent no: 3 (Copy of which is not
available with the petitioners and on
demand of the same from the authorities,
was denied by them) which is the basis of the
present jamabandi cancellation proceedings
against the petitioners.
The petitioners further most humbly
pray that the Hon'ble Court may declare that
the land in question has been duly settled
with the petitioners in accordance with law
and the petitioners' right, title, interest and
possession over the said land have become
absolute for the last three generations as
raiyati land since the date of settlement.

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
3/7
The petitioners pray that during the
pendency of the present proceedings the
respondents be restrained and directed not
to proceed with the construction of the Old
Age Home and the Gowdown over the land
in question, which they have already
commenced even though the Jamabandi
cancellation proceedings are still to be
finalized.”
3. The case of the petitioner is that the land in
question is Khata No: 754, Khesra No: 7514 of Mauza Sattar
and Thana no: 173 which are recorded in the Record of Rights
as Zamindari No:311 which was created after partition in the
family in favour of the petitioner in Zamabandi case no: 310/77-
78. In this case, the matter relates to the cancellation of
Zambandi No: 311 which stands in the name of Bhogilal Yadav.
The Respondent no 3, the Additional Collector, vide his letter
no: 115-2 dated 06.09.2019 directed the Circle officer, Sattar
Kataiya (respondent no:5) to provide land for the construction
of an old age home and a gowdan, for which respondent no. 5
proceeded to demarcate the land in question. The respondent
no:5 made a recommendation on 24.06.2021 for cancellation of
Jamabandi to respondent no: 3. Subsequently, the respondent
no: 3 with the recommendation of the respondent no:5 initiated
Jamabandi Cancellation Case No:72 of 2021-22 wherein it was

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
4/7
directed for issuance of notices to Raiyats, including the
petitioner, under section 9 of the Bihar Land Mutation Act,
2011. It is the further case of the petitioner that the proceeding
of Jamabandi Cancellation case no: 72/2021-22 was not
concluded and the respondents stacked building material on the
land and temporary quarters for labourers have been erected and
soil testing has been undertaken. It is the further case of the
petitioner that the respondent has forcefully evicted the
petitioner from their settled land over which they have absolute
and continuous right, title and interest.
4. Leaned Counsel for the petitioner submits that the
land is gairmazarua as shown in khatiyan and was vested over
eight decades and three generations to the petitioners. It has next
been submitted that the impugned action of the respondents is
patently illegal, arbitrary and malafidely motivated and is a
glaring example of colourable exercise of power. It has further
been submitted that the Additional Collector, Saharsa, in his
order dated 25.06.2021 has recorded that the said land is settled
with the people who were present during inspection, however,
he has recorded that the people who were present during
inspection have illegally got the Jamabandi created in their
favour and therefore he has recommended for the cancellation.

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
5/7
5. Learned counsel for the petitioner submits that as
per Bihar Mutation Rules, 2012, a Jamabandi can only be
cancelled, if the Government is satisfied that there is sufficient
evidence that the Jamabandi has been created in violation of any
law or in contravention of an executive instruction.
6. Learned counsel appearing on behalf of the
respondent/state submits that the petitioners have claimed over
certain portions of old khata number 754, old plot number 7514
out of area 48 acres approximately and old plot number 7680,
on the basis of alleged parwangi which is not tenable regarding
alleged claim of petitioner. However, the Jamabandi was
running in respect of plot no. 7514 in the name of Bhogilal
Yadav. It has next been submitted that Bhogilal Yadav in
collusion with halka karmchari succeeded to mutate his land
without order of any authority. It has further been submitted that
the reference of ‘aamad vajariye aapsi batwara’ Case No.
310/77-78 and not of mutation case. It has lastly been submitted
that the claim of the petitioner are not tenable and the then circle
officer, Sattar Kataiya has rightly sent the proposal of
cancellation of Jamabandi in light of section 9 of Bihar Land
Mutation Act, 2011.
7. This Court has noted the fact that the jamabandi

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
6/7
created in favour of the petitioner was created way back in the
year 1978 and it had continued thereon and the petitioner was
also submitting rent for the same, however, without ignoring the
settled law, the said cancellation proceeding was initiated.
8. It is a settled law that longstanding jamabandi
cannot be cancelled.
9. At this juncture, this Court is of the view that the
judgment rendered by this Court in the case of “Maya Devi &
Ors. Vs. The State of Bihar & Ors. , reported in (2014) 3 PLJR,
584 and also in the case of State of Bihar through Collector,
Siwan vs. Harendra Nath Tiwary reported in 2015 (1) PLJR
606 , this Court has way back decided that even if the title of the
land owner is disputed by the State, the only remedy the State
has is to file civil case and not to cancel jamabandi in a
summary proceeding that too without giving notice.
10. One paragraph of the aforesaid judgment passed
in the case of Maya Devi (Supra) is to be taken note of :-
“The result of these three progressive
stages is that if the State wants the petitioners’
lands or the lands on which the petitioners
have been residing for last 50 years, they must
pay due compensation and take action in
accordance with the provisions of the new

Patna High Court CWJC No.17623 of 2022 dt.22-06-2026
7/7
Land Acquisition Act. If they intend to cancel
the Jamabandi then it is for them to move the
Civil Court for a declaration that the alleged
settlement and/or Jamabandi is illegal and
cannot be accepted and let the title of the State
be so declared but till such time the dispute is
resolved, the petitioners cannot be evicted by
the State in any manner nor can just
compensation for acquisition be denied.”
11. In view of the aforesaid, the entire proceeding
of Jamabandi Cancellation Case No. 72/21-22 (File No. 1 /
2021-22) is hereby quashed.
12. It is directed that the jamabandi No: 311 be
restored. The State, however, shall be at liberty to pursue the
matter before an appropriate forum if they are so advised.
13. Accordingly, the writ petition stands allowed.

(Sourendra Pandey, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.07.2026
Transmission Date NA