Kaleshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1220 of 2026 ====================================================== 1.

Kaleshwar Mandal Son of Late Ganouri Mandla, Resident of VillageDubouni, Police Station- Amarpur, District- Banka. 2.

Ashok Kumar Mandal, Son of Late Kewal Mandal, Resident of VillageDubouni, Police Station- Amarpur, District- Banka. 3.

Pradeep Kumar Mandal, Son of Late Kewal Mandal, Resident of VillageDubouni, Police Station- Amarpur, District- Banka. 4.

Jyotish Kumar Mandal, Son of Late Kewal Mandal, Resident of VillageDubouni, Police Station- Amarpur, District- Banka. 5.

Kumar Navin Prabhat, Son of Kaleshwar Mandal, Resident of VillageDubouni, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna. 2.

The District Magistrate cum Registrar, Registration Office, Banka. 3.

The Additional District Magistrate, Banka.

4.

The Sub-Divisional Officer, Banka.

5.

The Circle Officer, Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Veer Prawar, Adv.

Mr. Rakesh Kumar Sharma, Adv.

For the Respondent/s :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel for the petitioner and Mr. Braj Bhushan Mishra representing the State.

2. The present application has been preferred for the following relief(s):

(i) For issuance of writ in the nature of certiorari to quash the notice dated 12.04.2025 issued against the petitioners and

Patna High Court CWJC No.1220 of 2026(4) dt.27-04-2026 2/3 others in Jamabandi cancelled was case imitated No.1/2025-26 without which proper verification and without proper opportunity given to the petitioners and it is also in the teeth of the order of the Hon'ble Court.

(ii) For any other relief/reliefs if the petitioner found entitle in the facts and circumstances of the present case.

3. A counter affidavit has come on behalf of the respondent nos. 2 and 5 and learned State Counsel has taken this Court to paragraph 9 which read as under:

9. That the prayer of the petitioner dated to set aside the notice 12.04.2025 in Jamabandi Cancellation Case No. 1/2025-26 is not correct as no notice has been issued to the petitioner on the said date only proposal has been made to cancel the Jamabandi of the petitioners and other on the basis of inquiry made by the respondent no. 5 on the basis of revenue records and also on the basis of inquiry report submitted that the Jamabandi in the name of the petitioners and other has been illegally created for the government land and record has been send before the respondent no. 3 who shall passed the order after hearing the petitioner as such writ this application is premature and is fit to be rejected.

4. This Court is also of the opinion that when the Circle Officer has merely made a recommendation and the

Patna High Court CWJC No.1220 of 2026(4) dt.27-04-2026 3/3 Deputy Collector Land Reforms, Banka has not issued any notice, it would be inappropriate to give any direction.

5. In that background, the writ petition is disposed of giving liberty to the petitioner to re-approach the Court if required as the contention of the State respondent recorded above is that the DCLR, Banka has not even acted upon the said recommendation made by the Circle Officer, Banka.

6. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U