Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6826 of 2025 ====================================================== Rajeev Kumar son of Amrendra Prasad Yadav @ Amrendra Yadav, resident of Village-Maheshua, Police Station-Tribeniganj, District-Supaul. ... ... Petitioner/s

Versus

1.

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

2.

The District Officer cum Collector, Supaul.

3.

The Divisional Commissioner, Saharsa.

4.

The Additional Collector, Supaul.

5.

The Deputy Collector Land Reforms, Tribeniganj, District-Supaul. 6.

The Circle Officer, Tribeniganj, District-Supaul. 7.

Ignash Lukas, Son of Lukash Amrosh, resident of Ward No. 8, near Latauna Church Latauna Mission, Latauna, P.S. Triveniganj, District Supaul, Bihar 8.

Prakaxh Seraphin, son of Seraphin Lukas, resident of Ward No. 8, near Latauna Church Latauna Mission, Latauna, P.S. Triveniganj, District Supaul, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh Mr.Pranav Kumar For the Respondent/s :

Mr. Akash Chaturvedi, AC to SC 11 For the Intervenor :

Mr. Shivajee Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2025

1. I. A. No. 01 of 2025 has been filed by the intervenors for permitting them to contest this writ application against the petitioner.

2. Considering the prayer made in the writ application as well as the prayer in the interlocutory application, I. A. No. 01 of 2025 is allowed and the intervenors are permitted to be impleaded in this case as respondent nos. 7 and 8.

2/4

3. Heard learned Counsel for the petitioner, learned Counsel for the respondent nos. 7 and 8 and learned Counsel for the State.

4. The grievance of the petitioner is that the Deputy Collector Land Reforms, Tribeniganj, vide order, dated 20.02.2025, has ordered the Circle Officer, Tribeniganj to stay the execution of mutation etc. with regard to Jamabandi Nos. 144 and 282 till the disposal of Title Suit Nos. 263 of 2018 and 58 of 2020.

5. Learned Counsel for the petitioner submits that the jamabandi return was submitted and the lands in question were recorded in Register I and thereafter Register II was prepared in respect thereof long back.

6. On the other hand, learned Counsel for the respondents 7 and 8 submits that the land in question is owned by them and jamabandi, pertaining to the same, was created in favour of the respondents 7 and 8, having Jamabandi No. 1721/282. The Circle Officer, Tribeniganj, in connivance with the petitioner for extraneous consideration, has included the land of the respondents 7 and 8 in Jamabandi No. 144. The respondents 7 and 8 submitted complaints before the Deputy Collector Land Reforms and the

3/4 District Magistrate, and on the basis of the complaint of the respondents 7 and 8, the Deputy Collector Land Reforms has passed the impugned order, directing the Circle Officer to stay the execution of mutation etc. with regard to Jamabandi Nos. 144 and 282 till the disposal of Title Suit Nos. 263 of 2018 and 58 of 2020 filed by the respondent nos. 7 and 8 and also to file an explanation before him the basis on which the Jamabandi Nos. 282 and 144 were made online.

7. Learned Counsel for the petitioner submits that the petitioner has not been made party in the aforesaid two title suits by respondent nos. 7 and 8.

8. Having herd learned Counsel for the parties concerned and taking into consideration the nature of dispute, the Deputy Collector Land Reforms, Tribeniganj, is directed to consider the prima facie basis of the petitioner as well as respondent nos. 7 and 8 for creating jamabandi in their names after giving opportunity of hearing to them, including the documents produced by them.

9. The petitioner and the respondent nos. 7 and 8 will be at liberty to file their respective claims before the Deputy Collector Land Reforms, Tribeniganj, within a period of

4/4 four weeks from today.

10. The petitioner shall also be at liberty to file a petition before the learned District Court for his impleadment as defendant in Title Suit Nos. 263 of 2018 and 58 of 2020 filed by respondent nos. 7 and 8.

11.With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √