Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2912 of 2025 ====================================================== Puja Kumari D/o Sri Umesh Singh Resident of Village-Barhiyakol, P.O. and P.S.-Punpun Dist.-Patna, Bihar, Pin-804453 ... ... Petitioner/s

Versus

1.

The State of Bihar Represented through the Chief Secretary, Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Department of Revenue Land Reform, Bihar, Old Secretariat, Patna.

3.

The Collector, Patna, District-Patna.

4.

The Additional Collector (Revenue), Patna, District-Patna. 5.

D.C.L.R. Masaurhi, District-Patna.

6.

Circle Officer, Punpun Circle, District-Patna. 7.

Vikash Kumar, Revenue Karamchari, Halka-1, Paimar Panchayat, Punpun Circle, District-Patna.

8.

Akash Kumar Son of Sri Umesh Singh Resident of Vilage-Barhiyakol, P.O.- Punpun, P.S.-Punpun, Dist.-Patna, Bihar, Pin-804453, Presently Residing at C/o Dianath Singh, New Mother Teressa School, Shipara, P.O.-Delwa, P.S.- Beur, Dist.-Patna, Pin-800020.

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

For the Petitioner/s :

Mrs. Kiran Kumari, Advocate For the Respondent/s :

Ms. Archana Meenakshee, GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed by the petitioner with the following reliefs:- "(i). Quashing of order dated 30.12.2023 passed in Second Appeal No.- 999940104052306748/2A by Collector, Patna.

Patna High Court CWJC No.2912 of 2025(2) dt.27-02-2025 2/3 (ii). Quashing of order dated 26.07.2024 passed in Review Case No.- 999940104052306748/2A by the Collector, Patna.

(iii). Also for cancellation of Jamabandi No.- 271/1 created by Circle Officer Punpun & Karamchari Punpun without any basis i.e. mutation order.

(iv). Also for cancellation of Register- II created in the name of Akash Kumar without any basis. AND/OR pass such other order or orders as your lordships may deem fit and proper."

3. Learned Counsel for the petitioner submits that by virtue of genealogy, the petitioner is the daughter of Umesh Singh; whereas respondent No.8 is her full brother, that is to say he is also son of Umesh Singh, but ignoring the petitioner her own brother got his name mutated in the records of right in connivance with Circle Officer, Punpun, who has cancelled the earlier Jamabandi and created Register-II in the name of his own brother respondent No.8.

4. Learned Counsel for the State submits that there are two orders which are challenged by the Counsel for the petitioner. In both the orders, it has been specifically directed to the petitioner to avail the remedy before the appropriate forum. For the wrong done by the Circle Officer, departmental action

Patna High Court CWJC No.2912 of 2025(2) dt.27-02-2025 3/3 has been proposed by the higher authority.

5. In the light of the submissions made by the parties and upon perusal of the record, it transpires that the District Magistrate being a second appellate authority have categorically indicated that the dispute between petitioner and private respondent No.8 is relating to cancellation of Jamabandi for which the competent authority is Additional Collector according to Bihar Land Mutation Act, 2011 and, therefore, it has been directed by him to avail the remedy before the appropriate forum.

6. This Court is of the view that there is no need of any interference in the orders impugned. Hence, this writ petition is dismissed with liberty that the petitioner may avail remedy before the appropriate forum as indicated in the impugned orders.

(Dr. Anshuman, J) Mkr./- U