Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3634 of 2026 ====================================================== Krishna Singh Son of Late Bhuneshwar Singh, Resident of Village and PostMahammadpur, P.S.-Garkha, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Revenue and Land Reforms, Bihar.

2.

The District Magistrate, Saran.

3.

The Additional Collector, Saran.

4.

The Circle Officer, Garkha.

5.

The Executive Engineer, Building Division, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Respondent/s :

GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-03-2026 Heard the parties.

2. The present writ application has been filed under Article 226 of the Constitution of India, inter alia, for the following reliefs:- " A. For the issuance of appropriate writ(s), order(s), or direction(s) in the nature of 'Certiorari' for quashing the order dated 24.01.2026 passed by the Additional Collector, Saran in Jamabandi Cancellation Case No. 601/2025-26;

B. For the issuance of appropriate writ(s), order(s), or direction(s) in the nature of 'Certiorari' for quashing the consequential letter dated 16.02.2026 issued by the Circle Officer,

2/4 Garkha, C. For the issuance of appropriate writ(s), order(s), or direction(s) in the nature of 'Mandamus' directing the respondent authorities to restrain from proceeding with construction over the land in question;

D. And for issuance of any other reliefs for which the petitioner is entitled for."

3. At the outset, learned counsel for the petitioners submits that Jamabandi Cancellation Appeal No. 95 of 2025-26 has already been preferred before the District Magistrate, Saran at Chapra (respondent no.2). It is further submitted that the petitioners have been constrained to invoke the writ jurisdiction of this Court in view of the communication dated 16.2.2026 (Annexure- P/4) issued by the Circle Officer, Garkha, District Saran, addressed to the District Panchayati Raj Officer, Saran, Chapra, stating therein that the Jamabandi of the petitioners has been cancelled vide order passed in Jamabandi Cancellation Case No. 601 of 2025-26 by the Additional Collector, Saran, Chapra (respondent no.3), and consequential directions have been issued to proceed with construction of a Panchayat Government building over the land in question. It is submitted that the statutory appeal against the said order is pending consideration before the District Magistrate, Saran (respondent

3/4 no. 2). In the aforesaid circumstances, it is prayed that a direction be issued to the said authority to dispose of the appeal within a stipulated time frame and, in the interregnum, the operation of the impugned order dated 24.01.2026 passed by the Additional Collector, Saran ( respondent no.3) in Jamabandi Cancellation Case No. 601 of 2025-26 be stayed, and the concerned authorities be restrained from proceeding with any construction over the land in question.

4. Learned counsel for the State does not controvert the aforesaid submissions.

5. Having regard to the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ application is disposed of with a direction to the District Magistrate, Saran (respondent no. 2) to consider and dispose of Jamabandi Cancellation Appeal No. 95 of 2025-26 expeditiously, preferably, within a period of three months from the date of receipt/production of a copy of this order.

6. It is made clear that, till disposal of the aforesaid appeal, the concerned authorities shall not make any construction over the land in question.

7. The writ application stands disposed of with the

4/4 aforesaid directions.

(Khatim Reza, J) shyambihari/- U