Kamlesh Kumar Saha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2018 of 2016 ====================================================== Kamlesh Kumar Saha Son of Late Ram Narain Sah resident of village - Jagdishpur, P.S. Jagdishpur, District - Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector, Bhagalpur 3.

The Deputy Collector, Land Reforms, Bhagalpur 4.

The Circle Officer, Jagdishpur Circle, Bhagalpur 5.

Devendra Prasad Sah @ Shambhu Prasad Sah 6.

Abhay Kumar Sah @ Tunna 7.

Mukesh Kumar Sah All sons of Late Mohan Sah resident of village - Jagdishpur, P.S. Jagdishpur, District - Bhagalpur Presently residing at Mirjan Hat, Near Thakurbaru, P.S. Mojahidpur, District - Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. Aditya Nath Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard Mr. J.S. Arora, learned Senior Counsel for the petitioner and Mr. Aditya Nath Jha, learned State Counsel.

2. The present application has been preferred for the following relief(s):

i). For commanding the respondent Circle Officer, Jagdishpur, Bhagalpur to cancel the Jamabandi created wrongly in favour of the respondent no. 5 to 7 with regard to the property in question relying on a forged and fabricated document in collusion and connivance with the Circle Officer concerned.

Patna High Court CWJC No.2018 of 2016(7) dt.20-01-2026 2/3 ii). Also alternatively for commanding the Circle Officer concerned to supply the certified copy of the order whereby the Jamabandi in question was created in favour of private respondent which is not being supplied to the petitioner on pretext that record in connection with Jamabandi is missing.

iii). Also for any other appropriate relief(s) to which the petitioner is found entitled either in the eye of law or in the facts and circumstances of the case.

3. It is unfortunate that the litigant has to move before Patna High Court for getting a certified copy of the order. The stand of the State is that despite best of search, it was missing and appropriate steps have been taken not only to retrieve the file but also to fix the responsibility. No sooner the file is traced out, the certified copy shall be handed over to the petitioner.

4. This Court accepts the contention put forward by learned counsel for the State. The supplementary counter affidavit of the respondent nos. 2 to 4 duly signed by the Circle Officer, Jagdishpur, Bhagalpur shows that they have taken step and the property at Mauja-Bhawanipur Desri and Jagdishpur have been mutated in favour of the petitioner vide Mutation Case No. 825/2020-21 and Mutation Case No. 72117/2021-22

Patna High Court CWJC No.2018 of 2016(7) dt.20-01-2026 3/3 (Annexure-R/B and R/C) to the supplementary counter affidavit.

5. Copies have been served upon the office of the learned Senior Counsel.

6. In that background, liberty is granted to the petitioner to agitate if still he has grievances, so far as the mutation part is concerned and directing the Circle Officer, Jagdishpur, Bhagalpur to ensure that once the search is over and file is traced out, the certified copy is handed over to the petitioner preferably within a period of six months, if possible.

7. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U