Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10197 of 2025 ====================================================== 1.

Nirmala Devi w/o - Suresh Prasad R/O- Village- Haripur, P.S- Rosera, District- Samastipur (Bihar) 2.

Kuwar Jeet Kumar Suman S/o-Suresh Prasad R/O- Village- Haripur, P.SRosera, District- Samastipur (Bihar) 3.

Amar jeet Kumar Mahto S/o-Suresh Prasad R/O- Village- Haripur, P.SRosera, District- Samastipur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Cum Collector, Samastipur 3.

The Additional Collector, Samastipur 4.

Sub Divisional Officer, Rosera, Samastipur 5.

Circle Officer, Rosera, Samastipur 6.

Mukhiya Gram Panchayat, Haripur, Anchal and P.s- Rosera ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Kumar, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2025

1. Heard learned counsel for the petitioners and learned GP-14 for the State.

2. Learned State Counsel at the outset submits that a specific pleading has been made in the writ application that Jamabandi of the petitioners stands cancelled by an order dated 27.02.2025 in Jamabandi Cancellation Case No. 86 of 20242025 passed by the Additional Collector, Samastipur. It is submitted that the petitioners have not challenged the order passed by the Additional Collector, Samastipur cancelling the Jamabandi standing in the name of the petitioners but then has

Patna High Court CWJC No.10197 of 2025(4) dt.14-07-2025 2/2 approached this Court by filing the instant writ application for a direction upon the authorities that they should not proceed with the construction of Panchayat Sarkar Bhawan over the land of the petitioners. Learned State Counsel submits that since Jamabandi has been cancelled and the same is not assailed in the instant writ application, as such, the Court cannot pass any positive direction, on which learned counsel appearing on behalf of the petitioners seeks permission to withdraw the writ application with liberty to move before an authority competent assailing the order passed by the Additional Collector, Samastipur cancelling the long standing Jamabandi standing in the name of the petitioner no. 1.

3. Permission is accorded.

4. Accordingly, the writ application is dismissed as withdrawn.

5. It is made clear that if issue of limitation arises in that event the authority competent shall keep in mind that petitioners were availing their remedy before this Court since June, 2025.

(Satyavrat Verma, J) Kundan/- U