Umda Devi @ Kumari Umda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6139 of 2026 ====================================================== 1.

Umda Devi @ Kumari Umda, W/o Late Yogendra Ray @ Yogendra Prasad Ray, R/o Village- Sirdilpur, Patory, P.S.- Tajpur District- Samastipur, Bihar848504. 2.

Anupam Kumar, s/o Late Yogendra Ray @ Yogendra Prasad Ray, R/o Ward No. 9, Village- Sirdilpur, Patory, P.S.- Tajpur District District- Samastipur, Bihar- 848504.

3.

Pampam Kumar @ Divya Prakash, S/o Late Yogendra Ray @ Yogendra Prasad Ray, R/o Ward No. 9, Village- Sirdilpur, Patroy, P.S.- Tajpur DistrictSamastipur, Bihar- 848504. ... ... Petitioner/s

Versus

1.

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

2.

The Additional District Magistrate, Samastipur. 3.

The Deputy Collector Land Reforms-cum-Sub-Divisional Officer, Samastipur.

4.

The Circle Officer, Morwa Anchal, District- Samastipur. 5.

Kameshwar Rai, S/o Late Hazari Das, Resident of Village- Saidpur @ Purushottampur, P.S.- Patory, District- Samastipur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritwaj Raman, Advocate Mrs. Shashi Priya, Advocate Ms. Pankhuri, Advocate Mr. Anand Abhishek, Advocate For the State :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-05-2026 This writ application has been preferred for grant of following reliefs:- (i) In the nature of Certiorari for quashing the order dated 30.12.2025, passed in jamabandi Cancellation Case No. 22/202223, on the ground that the said order is in teeth of Section 9 of the Bihar Land Mutation Act, 2011, as the Respondent no. 2,

Patna High Court CWJC No.6139 of 2026(2) dt.05-05-2026 2/3 without holding any enquiry passed the said order and /or (ii) In the nature of Mandamus to say the operation of the order dated 30.12.2025, passed in Jamabandi Cancellation Case No.

22/2022-23 during pendency of the writ petition; and / or (iii) In the nature of Mandmus to direct the Respondent no. 2 that long-standing Jamabandi cannot be cancelled without holding any inquiry; and/or

2. Having considered the nature of the grievance of the petitioner, This Court is not the appropriate forum to challenge the impugned order.

3. Learned counsel for the petitioner submits that the appropriate forum is Bihar Land Tribunal (in short "the Tribunal). It is further submitted that at the time of filing of this writ application, the Tribunal was not functioning, however, vide notification dated 29.04.2026, the Tribunal has started functioning.

4. In such view of the matter, learned counsel for the petitioner seeks permission to withdraw this case with liberty to approach before the Tribunal against the order dated 30.12.2025 passed by the A.D.M., Samastipur in Jamabandi Cancellation Case No. 22 of 2022-23.

5. Considering the aforesaid facts and circumstances of the case, this writ application is dismissed as withdrawn

Patna High Court CWJC No.6139 of 2026(2) dt.05-05-2026 3/3 giving liberty to the petitioner to avail the appropriate remedy available to him before the appropriate forum. (Khatim Reza, J) premchand/- U