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Patna High CourtCWJC/7160/2025disposed

Natwar Kumar Dipak v. The State Of Bihar

2025-07-07Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7160 of 2025 ====================================================== 1.

Natwar Kumar Dipak S/o Late Maheshwar Mahto, Resident of VillageBariyarpur, P.S- Bakhri, District- Begusarai. 2.

Santosh Kumar S/o Shambhu Mahto, Resident of Village- Bariyarpur, P.SBakhri, District- Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Munger Division, Munger. 3.

The District Magistrate, Begusarai.

4.

The Sub-Division Officer, Bakhri, Begusarai.

5.

The Circle Officer, Garhpura, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Respondent/s :

AC to Standing Counsel-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2025

1. Heard learned counsel for the petitioners and learned AC to SC-13 for the State.

2. The learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed seeking quashing of the recommendation made by the Circle Officer, Garhpura for cancelling the Jamabandi standing in the name of the petitioners in pursuance whereof Mutation Cancellation Case No. 233 of 2024-25 has been instituted in the Court of Additional Collector, Begusarai.

3. The learned counsel for the petitioners next submits

Patna High Court CWJC No.7160 of 2025(2) dt.07-07-2025 2/3 that petitioners will contest Jamabandi Cancellation Case No. 233 of 2024-25 before the Additional Collector, Begusarai, but then in garb of the aforesaid recommendation, the authorities are constructing Panchayat Sarkar Bhawan on the land of the petitioners, Jamabandi of which till date is existing and has not been cancelled. It is also submitted that the said recommendation has been made for cancelling the Jamabandi, but then without the Jamabandi being cancelled, the authorities cannot proceed with construction of Panchayat Sarkar Bhawan over the raiyati land of the petitioners.

4. The learned State counsel submits that the writ application can be disposed of with a direction to the Additional Collector, Begusarai to decide Jamabandi Cancellation Case No. 233 of 2024-25 within a time frame.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the Additional Collector, Begusarai to consider and decide the Jamabandi Cancellation Case No. 233 of 2024-25 within a period of three months from the date of receipt/production of a copy of this order, in accordance with law after giving proper opportunity of hearing to the petitioners.

6. It is made clear that any further construction of

Patna High Court CWJC No.7160 of 2025(2) dt.07-07-2025 3/3 Panchayat Sarkar Bhawan over the land in dispute in the instant writ application, shall remain stayed until Jamabandi Cancellation Case No. 233 of 2024-25 is not decided by the Additional Collector, Begusarai in accordance with law.

7. The learned State counsel is directed to forthwith communicate the instant order to the Additional Collector, Begusarai.

8. The learned counsel appearing on behalf of the petitioners, at this stage, submits that petitioners will cooperate in disposal of Jamabandi Cancellation Case No. 233 of 2024-25. (Satyavrat Verma, J) Rishabh/- U