Sunilpati Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3391 of 2026 ====================================================== Sunilpati Tiwari Son of- Late Vishwanath Pati Tiwari, Resident of VillageMajharia, Police Station- Bhairoganj, District- West Champaran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, DistPatna. 2.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Dist- Patna.
3.
The Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, Bihar.
4.
The Director, Land Records and Survey, Revenue and Land Reforms Department, Government of Bihar, Patna.
5.
The Divisional Commissioner, Tirhut at Muzaffarpur, Bihar. 6.
The Collector cum District Magistrate, West Champaran at Bettiah, Bihar. 7.
The Superintendent of Police, West Champaran at Bagaha, Bihar. 8.
The Additional Collector (Revenue), West Champaran at Bettiah, Bihar. 9.
The Land Reform Deputy Collector (DCLR) Bagaha, District West Champaran, Bihar.
10.
The Circle Officer Bagaha-I, Anchal- Bagaha-I, District West Champaran, Bihar.
11.
The Station House Officer, Bhairoganj Police Station, Bagaha, District- West Champaran, Bihar.
12.
The Revenue Officer Bagaha-1, Anchal- Bagaha-I, District West Champaran, Bihar.
13.
The Revenue Karamchari Concerning (Muaza Manjharia) Bagaha-I, Anchal Bagaha-I, District West Champaran, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the State :
Mr. Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-06-2026 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"(i) for issuance of an appropriate writ,
2/8 order or direction in the nature of Mandamus, commanding the respondent authorities to forthwith undertake all requisite and efficacious measures for the reconstruction and restoration of the Jamabandi Panji as well as Registrar-II pertaining to Jamabandi No. 2155, which has been unlawfully destroyed by the custodian of Register-II whereby and where under respondents, being statutory custodians of vital revenue records, are under a bounden duty to preserve, maintain and safeguard such documents, and their failure to discharge this obligation constitutes a gross dereliction of statutory responsibility. It is, therefore, prayed that this Hon'ble Court may be pleased to intervene and direct immediate remedial action, so as to uphold the sanctity of record-keeping, protect the vested rights of the petitioner, and secure the larger ends of justice.
(ii) for issuance of an appropriate writ, order or direction in the nature of Mandamus, commanding the respondent authorities to
3/8 forthwith identify and trace the delinquent staff responsible for the unlawful destruction of Jamabandi Panji and Registrar-II pertaining to Jamabandi No.2155, and to initiate immediate criminal proceedings by lodging a First Information Report (FIR) against such erring official(s). It is further prayed that this Hon'ble Court may be pleased to direct the respondents to commence appropriate departmental proceedings against the said custodian, so as to ensure accountability, deterrence, and preservation of the sanctity of public records. The respondents, being statutory custodians of vital revenue documents, are under a bounden duty to safeguard such records, and their failure to discharge this obligation constitutes gross dereliction of duty, warranting stern judicial intervention to uphold the rule of law and protect the larger public interest.
(iii) for any other relief/ reliefs for which the petitioner is found entitled to in the facts and circumstances of the present case."
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3. A counter affidavit has come on behalf of the Additional Collector (Revenue), West Champaran at Bettiah, respondent no.8 and it would be appropriate to incorporate paragraph nos. 5 to 17 which read as follows: "5. That it is submitted that immediately upon receipt of the order dated 16.03.2026 passed by this Hon'ble Court and in light of the direction of the District Magistrate, West Champaran at Bettiah, vide Letter No. 1222 dated 24.03.2026 direction has been given to the Sub-Divisional Officer/ Land Reforms Deputy Collector, Bagaha to conduct a detailed enquiry and submit a comprehensive report along with all relevant records.
6. That in pursuance of the aforesaid direction, an enquiry was conducted and report submitted vide Letter No. 174 dated 27.04.2026 by the Sub-Divisional Officer, Bagaha, wherein several material irregularities in respect of Jamabandi No. 155 and 2155 have been brought on record.
7. That it is most humbly submitted
5/8 that from the enquiry report, it has emerged that the alleged basis of creation of Jamabandi No. 2155 is Mutation Case No. 7770/2011-12;
however, the original records of the said mutation case are not available in the office, thereby raising serious doubi regarding the authenticity of the Jamabandi itself.
8. That it has further been found that the original Jamabandi Panji and Register-II relating to the concerned Jamabandi are not traceable, which prima facie indicates either gross negligence or deliberate tampering with official records.
9. That the enquiry further reveals that several entries have been made in Jamabandi No. 155 through addition and deletion of plots and holdings without any supporting orders or documentary basis, and no corresponding records are available to justify such alterations.
10. That it has also been found that there is substantial discrepancy between online (digitized) records and offline (manual) records,
6/8 indicating possible manipulation during the digitization process or prior thereto.
11. That the enquiry report further establishes that even the Circle Officer had reported earlier that the entries made in Register-II were based on rent receipts and documents, but no supporting records could be produced from the office to substantiate such claim.
12. That the enquiry has also revealed that several entries have been made by the concerned revenue officials without any proper authority, and without following the prescribed legal procedure, thereby constituting misuse of official position and serious administrative lapse.
13. That upon careful examination of the enquiry report and the materials available on record, it was found that the matter involves serious allegations relating to tampering of public records and procedural irregularities.
14. That upon careful examination of
7/8 the enquiry report and materials on record, and considering the seriousness of the irregularities detected, the District Magistrate, West Champaran has directed the Additional Collector (Revenue), West Champaran vide Letter No. 1742/legal, dated 02/05/2026, to institute an appropriate proceeding and examine the entire matter in its totality.
15. That in compliance of the aforesaid direction Jamabandi Correction Case bearing Case No. 44 of 2026-27, State vs. Sunilpati Tiwari & another, has been instituted on 04/05/2026, and simultaneously notices have been issued to the concerned stakeholders and further next date has been fixed on 12/05/2026.
16. That the answering respondent assures this Hon'ble Court that the matter shall be decided strictly in accordance with law, after affording due opportunity of hearing to all affected parties, and appropriate action shall be taken against any erring official found responsible.
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17. That in view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to disposed of the present writ petition; and/or pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."
4. This Court is satisfied that respondent have acted bonafidely and having taken cognizance of the matter, a request has been made that since it will be decided in accordance with law after affording due opportunity of hearing to all the affected parties and further, appropriate action shall be taken against any erring official found responsible, it would be appropriate that the writ petition is disposed of allowing the respondents to act strictly in line with the averment made in the counter affidavit which stand incorporated in the present order.
5. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U