Bishundeo Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3629 of 2026 ====================================================== 1.

Bishundeo Prasad Singh Son of Late Harihar Singh, Resident of VillageDomakhand, P.O.- Samukhiya More, P.S. and District- Banka. 2.

Prakash Jha, Son of Late Umakant Jha, Resident of Village- Kakna, P.O.- Samokhiya More, P.S. and District- Banka.

3.

Amar Pal, Son of Ramesh Prasad Singh, Resident of Village Bamdeo, P.O.- Bamdeo, P.S.- Banka, District- Banka.

4.

Ramesh Prasad Singh, Son of Late Kedar Nath Singh, Resident of VillageBamdeo, P.O.- Bamdeo, P.S.- Banka, District- Banka. 5.

Rambha Devi, Wife of Arun Kumar Singh, Resident of Village- Kamalpur, P.O.-Mohdipur, P.S.- Sajour, District- Bhagalpur. 6.

Sarita Bharti, Wife of Sunil Kumar Mandal, Resident of Village- Amarpur, P.O.-Chutiya, P.S. - Banka, District- Banka.

7.

Anjani Singh @ Anjani Kumari, Daughter of Sri Siyaram Singh, Resident of Village- Koyla Kund, P.S.- Kalyanpur, District-Samastipur. 8.

Chaturbhuj Prasad Singh, Son of Arjun Mandal, Resident of VillageMandarnagar, P.O.- Samokhiya More, P.S. and District- Banka. 9.

Kanakalata, Wife of Sunil Kumar, Resident of Village- Mahadevpur, P.O.- Mahadevpur, P.S.- Banka, District- Banka.

10.

Nirmal Kumar, Son of Vishwanath Prasad, Resident of Village- Nonihari, P.S.-Banka, District- Banka.

11.

Kumari Ranjita, Wife of Nirmal Kumar, Resident of Village- Nonihari, P.S.- Banka, District- Banka.

12.

Anita Devi, Wife of Chaturbhuj Prasad Singh, Resident of VillageMandarnagar, P.O.- Samokhiya More, P.S. and District-Banka. 13.

Sanichar Sharma, Son of Sohan Sharma, Resident of Village- Sarauni, P.S.- Shahkund, District- Bhagalpur.

14.

Dilip Kumar Shah, Son of Late Devendra Prasad Shah @ Doman Pd. Shah, Resident of Village- Samokhiya More, P.S. and District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Govt. 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

2/4 Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate Mr. Alok Anand, Advocate Mr. S.M.Sudhanshu, Advocate For the State :

Mr. S.K. Mandal, S.C.3 Ms. Neelam Kumari AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-03-2026 Heard learned counsel appearing on behalf of the petitioners as well as learned counsel representing the State.

2. The present writ application has been filed by the petitioners under Article 226 of the Constitution of India, inter alia, for the following reliefs:- "(i) For issuance of writ in the nature of Certiorari to quash the notice dated 12.04.2025 issued against the petitioners and others in Jamabandi Cancellation Case No. 1/2025-26 which was initiated without 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 petitioners found entitle in the facts and circumstances of the present case."

3. Learned counsel for the petitioners submits that the impugned notice dated 12.04.2025 issued in Jamabandi Cancellation Case No. 1 of 2025-26, as contained in Annexure P/29 to the writ petition, has already been challenged in CWJC

3/4 No. 18675 of 2025 (Manohar Prasad Mandal & Ors. vs. The State of Bihar & Ors.), as contained in Annexure P/34 to the present writ application. It is further submitted that the notices have been issued to as many as 536 persons, including the present petitioners, and a Co-ordinate Bench of this Court, while considering the matter, was pleased to observe that in light of the observations made by this Court in C.W.J.C. No. 16985 of 2018, the respondents will have a liberty to file a Title Suit in the Civil court of competent jurisdiction, if they want to cancel the petitioners' long-standing Jamabandi but till the disposal of said suit, the Jamabandi of the petitioners should not be disturbed. It is, thus, contended that the issue involved in the present writ petition stands squarely covered by the order dated 24.11.2025 passed in CWJC No. 18675 of 2025 by a Coordinate Bench of this Court and, therefore, the present writ petition is required to be disposed of on similar terms.

4. Learned counsel for the State does not dispute the aforesaid factual position.

5. Accordingly, the present writ petition is disposed of giving the petitioners a liberty to appear before the competent authority in Jamabandi Cancellation Case No. 1/2025-26 with all documents and evidences to show that there is long standing

4/4 jamabandi in favour of the petitioners in respect of the land in question and in such case, the competent authority shall proceed with the case in terms of the decision passed by this Court in C.W.J.C. No. 17619 of 2018 and C.W.J.C. No. 4979 of 2005.

6. This writ application stands disposed of in terms of the order dated 24.11.2025 passed in CWJC No. 18675 of 2025. (Khatim Reza, J) shyambihari/- U