Shankar Prasad Mandal @ Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4833 of 2025 ====================================================== Shankar Prasad Mandal @ Bind Son of Late Fagu Beldar, Resident of Village- Bari Nima, P.O.- Gaura Chowki, P.S.- Jagdishpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 4.

The District Magistrate, Bhagalpur.

5.

The Additional Collector -cum- Additional District Magistrate, Bhagalpur. 6.

The Circle Officer, Circle- Jagdishpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amish Kumar, Adv.

Mr. Prabhakar Thakur, Adv.

For the State :

Mr. S. Raja Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2025 Heard the parties.

2. The writ petition has been filed by the petitioner for following reliefs:- "To quash the order dated 28.06.2024 [Annexure P8] issued by the Respondent No.

3 whereby and whereunder the representation dated 23.01.2023, filed by the Petitioner, has been disposed of without issuing any direction to redress the grievances of the Petitioner, in a most arbitrary and illegal manner.

(b) For a direction upon the Respondent Authorities concerned to immediately restore the jamabandi of the Petitioner appertaining to Mauza - Dhawa, Thana No. 199, Khata

Patna High Court CWJC No.4833 of 2025(2) dt.03-04-2025 2/3 (new) No. 6. Khesra (new) Nos. 2, 5, 7, 17 and 21 admeasuring 2 Acres 77 decimals which has been illegally cancelled without following the due process of law as well as in utter disregard of the principles of natural justice.

(c) For a further direction to the Respondent Authorities to refrain from disturbing the Petitioner from his peaceful possession of their aforesaid plot of land, in future, without following the due procedure established under law and observing the principles of natural justice."

3. As per submission of the learned counsel for the petitioner, the land in question, was purchased by his father from the original raiyat. His application for mutation was allowed but some of the land were left to be mutated in the name of the petitioner for which he has filed an application for Parimarjan (for its correction) which was ultimately rejected by respondent no. 3 Divisional Commissioner, Bhagalpur vide impugned order dated 28.06.2024 Annexure-P/8.

4. In paragraph no. 11 of the order passed by the Divisional Commissioner, Bhagalpur it has been mentioned that a Title Suit No. 23 of 2016 was pending in the Court of SubJudge, Bhagalpur which was fixed for judgment. In view of the order passed by this Court in CWJC No. 14516 of 2023, the Divisional Commissioner has disposed of the petition filed by

Patna High Court CWJC No.4833 of 2025(2) dt.03-04-2025 3/3 the petitioner.

5. It appears that a title suit is pending for judgment regarding the land in dispute. The application for correction in Jamabandi shall be subject to final outcome of the title suit pending for judgment in the Court of Sub-Judge, Bhagalpur.

6. With the aforesaid observation, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Nirmal/- U