Vidya Nand Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6522 of 2018 ====================================================== Vidya Nand Das son of Vishwanath Das, resident of Sanhauli, Police StationChitagupta Nagar, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Munger Division, Munger.

3.

The Collector, Khagaria.

4.

The Additional Collector, Khagaria.

5.

The Deputy Land Reforms Officer, Khagaria.

6.

The Circle Officer, Khagaria.

7.

Ratan Sinha, son of Hari Mohan Prasad Verma, resident of VillageSanhauli, Police Station- Chitra Gupta Nagar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

Mrs. Shweta Anand, Adv.

Ms. Aastha Ananya, Adv.

For the State :

Mr. Dhurjati Kumar Prasad, G.P.-14 For the Respondent No. 7 :

Mr. Krishna Kant Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-02-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the Respondent No. 7.

2. The petitioner has filed the present writ petition for issuance of an appropriate writ order or direction in the nature of certiorari to quash the order dated 13.12.2014 passed in Jamabandi Cancellation Case No. 12 of 2012 by the Additional Collector, Khagaria, whereby the registered sale deed of the petitioner has been declared to be illegal and void and could not

Patna High Court CWJC No.6522 of 2018(10) dt.11-02-2025 2/3 form the basis for creation of Jamabandi and secondly the Jamabandi having was created in contravention of instructions which order is wholly without juridiction, arbitrary, illegal and unsustainable.

3. Learned Counsel for the State raised preliminary objection and submits that pleading of the petitioner is not correct. Counsel further submits that it has been specifically pleaded that Additional Collector, Khagaria has not declared registered sale deed to be illegal; rather, he has only canceled the Jamabandi No. 3515 (annexed as Annexure- 5) standing in the name of the petitioner. Against the said cancellation of Jamabandi, a statutory remedy is available to the petitioner under Section 9(6) of the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011) [hereinafter referred to as Bihar Land Mutation Act, 2011].

4. Learned Counsel for the private respondent submits that the final order of cancellation of Jamabandi was passed in 2014, whereas the petitioner filed the writ petition in 2018, despite the statutory appeal having to be filed within 30 days. Therefore, the writ petition should be rejected outright without any liberty.

5. It transpires to this Court that a statutory remedy is

Patna High Court CWJC No.6522 of 2018(10) dt.11-02-2025 3/3 available to the petitioner under Section 9(6) of the Bihar Land Mutation Act, 2011. Therefore, the writ petition stands disposed off, granting liberty to the petitioner to avail the statutory remedy of appeal before the concerned Collector under the Bihar Land Mutation Act, 2011.

6. It is made clear that if there is any delay in filing the Mutation Appeal, the same shall be condoned. (Dr. Anshuman, J.) Aman Kumar/- U