Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9735 of 2025 ====================================================== Lalan Singh son of Late Chanarik Yadav, Resident of Village- Saraia, P.O.- Barheta, P.S.- Parasbigha, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, the Department of Revenue and Land Reforms.

3.

The Collector, Arwal.

4.

The Additional Collector, Arwal.

5.

The D.C.L.R., Arwal.

6.

The Circle Officer, Karpi, Arwal.

7.

The Block Development Officer, Arwal.

8.

The Mukhiya, Gram Panchayat Kinjar, District-Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Prasad Singh For the Respondent/s :

Mr. M.N.H. Khan, SC-1 Ms. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2025

1. Heard learned counsel for the petitioner and learned SC-1 for the State, Mr. Nasrul Huda.

2. The learned counsel appearing on behalf of the State, at the outset, submits that the instant writ application has been filed for setting aside order dated 19.09.2024 passed in Jamabandi Cancellation Case No. 11/AC/2024-25 passed by the respondent no. 4 (Annexure-2), on the ground that the land in dispute is purchased land of the petitioner for which Jamabandi was created in the year 1959, as such, longstanding Jamabandi

Patna High Court CWJC No.9735 of 2025(2) dt.01-07-2025 2/3 cannot be cancelled in a summary proceeding. It is next submitted that from perusal of the pleadings made in the writ application, it would manifest that the same does not disclose the essential facts required for adjudication of the case. It is next submitted that petitioner has remedy of filing an appeal against the order by which his Jamabandi was cancelled.

3. The learned counsel appearing on behalf of the petitioner is not in a position to rebut the submission of the learned counsel appearing on behalf of the State.

4. After hearing the learned counsel for the parties, the Court finds merit in the submission made by the learned counsel appearing on behalf of the State, as such, is not inclined to entertain the writ application, as petitioner has alternative remedy of appeal against the order impugned in the instant writ application and further the essential facts that is with regard to creation of Jamabandi, mutation case number are also not pleaded in the writ application, as such, the writ application is disposed of with a liberty to the petitioner to approach the appellate authority against the order impugned in the instant writ application.

5. It is made clear that if any appeal is filed on or before 21.07.2025, in that event the authority competent shall

Patna High Court CWJC No.9735 of 2025(2) dt.01-07-2025 3/3 consider and dispose of the appeal in accordance with law within a period of four months thereafter, after giving proper opportunity of hearing to the petitioner.

(Satyavrat Verma, J) Rishabh/- U