Bibhuti Rai @ Bhabhuti Rai @ Vibhuti Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7727 of 2026 ====================================================== 1.

Bibhuti Rai @ Bhabhuti Rai @ Vibhuti Ray Son of Late Ramdev Raut @ Ramdev Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, DistrictSaran. 2.

Meghnath Rai, Son of Late Ramdev Raut @ Ramdev Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran. 3.

Yogendra Rai, Ramavatar Raut @ Rama residents of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran.

4.

Birendra Rai, Son of Ramavatar Raut @ Ramavatar Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran. 5.

Kameshwar Rai, Son of Ramavatar Raut @ Ramavatar Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran. 6.

Rakesh Kumar Yadav, S/o Late Dwarika Rai, residents of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran.

... ... Petitioners

Versus

1.

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

2.

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

3.

The Collector, Saran.

4.

The Additional Collector, Saran, Chapra.

5.

The Circle Officer, Panapur, District- Saran. 6.

The S.H.O., Panapur P.S., District- Saran.

7.

PACS Chairman, Block-Panapur, Mohammadpur Panchayat, District- Saran. 8.

Sanjay Singh, s/o Lal Bachan Singh, Chairman PACS Mohammadpur Panchayat, Block -Panapur, resident of village Turki, P.O. Rasauli, P.S. Panapur, District- Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Nagendra Rai, Advocate Mr. Navin Nikunj, Advocate Mr. Koshalendra Rai, Advocate For the Respondents :

Ms. Dimpal Kumari, A.C. to G.P.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER 24-06-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this writ application

2/4 for multiple reliefs to the extent of quashing the order dated 28.03.2026 (Annexure P-11) by which his jamabandi standing in the name of petitioner's ancestors was cancelled by the Additional Collector, Saran and further relief has been sought for issuance of a direction to the concerned authority not to interfere with the peaceful possession and enjoyment over the land in question. Having argued the matter at length, learned counsel for the petitioner very fairly conceded that he has an alternative statutory remedy of appeal before the Collector of the district which he is now willing to avail.

3. Since the order impugned, as contained in Annexure P-11, has been passed by Additional Collector, Saran, in view of the power vested in him under Section 9 of the Bihar Land Mutation Act, 2011, is appealable one and a statutory appeal has been provided therein the Act itself.

4. In view of the fair submission made by learned counsel appearing on behalf of the petitioner, this writ

3/4 application is disposed of with liberty to the petitioner to prefer an appeal within a period of four weeks from today and such appeal on being filed shall be heard by the Collector, Saran expeditiously, without unnecessary delay and the Collector could also ensure passing of fair proper, reasoned and speaking order in consonance with the statutory provision of law in this regard.

5. The petitioner is also given liberty to file an interim application seeking interim stay on the order passed by Additional Collector before the Collector, Saran, who shall pass necessary order on such an application filed for any interim relief on behalf of the petitioner.

6. It goes without saying that if any question of limitation arises, the same shall be dealt with taking into consideration the fact that the petitioner has already availed the writ jurisdiction of this Court, so if he prefers an application under Section 5 of the Limitation Act, the same shall be considered favorably by the

4/4 Collector, Saran while admitting the case for hearing. (Rana Vikram Singh, J) Smriti/SupratimU