Shashi Kant Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19050 of 2015 ====================================================== 1.

Shashi Kant Singh, Son of Late Ram Sakal Singh 2.

Surendra Kumar 'Vikal' Son of Late Ram Sagar Prasad Singh 3.

Chandan Kumar Son of Late Hardeo Singh 4.

Hare Ram Singh Son of Late Chirtkut Singh All are residents of Village - Orapkhurd, Post office - Basasaon Kalani, Police Station - Sikraul, Anchal Nava Nagar, District - Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Buxar, District - Buxar. 3.

The Deputy Collector Land Reforms, Dumraon, District - Buxar. 4.

The Anchal Adhikari Nava Nagar, District - Buxar. 5.

Akhilesh Kumar Singh Son of Krishna Murari Singh 6.

Urimila Devi Wife of Biswa Nath Singh 7.

Vijay Bahadur Singh Son of Sita Ram Singh All nos. 5 to 7 are residents of Village - Orapur Khurd, Post Office - Baswan Kalam, Police Station - Sikraul, Anchal Nava Nagar, District - Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhas Ranjan, Adv.

For the State/s :

Mr. Mukul Sinha, Adv.

For the Respondent/s :

Mr. Dronacharya, Sr. Adv.

:

Mr. Arghesh Kr., Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioners, counsel for the State and learned senior counsel Mr. Dronacharya, for the private respondents.

2. Counsel for the petitioners submits that the present writ petition has been filed for cancellation of Jamabandi of respondent no. 5 to 7 with respect to lands situated in VillageMukundpur, Khata No.44, Plot No.65 in the light of

Patna High Court CWJC No.19050 of 2015(2) dt.19-09-2023 2/2 recommendation dated 08.08.2012 (Annexure-4).

3. Counsel for the State raised preliminary objection and submits that for the purpose of cancellation of Jamabandi, the remedy lies under Section 9 of the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011) on the ground mentioned in the said provision of law.

4. Learned senior counsel for the private respondents submits that he has no objection and basically, he supports the contention of the State respondent.

5. In this view of the matter, this writ petition stands disposed of directing the petitioners that in the light of relief, they shall be at liberty to file an application under Section 9 of the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011) for cancellation of Jamabandi.

(Dr. Anshuman, J.) prakashmani/- U