Shishir Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12410 of 2025 ====================================================== 1.

Shishir Kumar Jha Son of Late Yugal Chandra Jha Permanent Resident of Village- Narayanpatti, P.S.- Rajnagar, District- Madhubani at Present Resident of B2/150, Poonamallee High Road, Kendriya Vihar Velappanchavadi, P.S.- Thiruverkadu, District- Tiruvalur, Tamilnadu. 2.

Gagan Kumar Jha, Late Vijay Chandra Jha Resident of VillageNarayanpatti, P.S.- Rajnagar, District- Madhubani. 3.

Krishna Kumar Jha, Late Bimal Chandra Jha Resident of VillageNarayanpatti, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna. 2.

The Collector, Madhubani.

3.

The Additional Collector, Land Reforms and Revenue, Madhubani. 4.

The Deputy Collector Land Reforms, Madhubani. 5.

The Circle Officer, Rajnagar, Madhubani.

6.

The Registrar, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha, Adv.

Mr. Gajendra Kumar Jha, Adv.

Mr. Surya Kant Mishra, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad, Addl. Advocate General (05) Mr. Ansul Haque, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-12-2025 Heard the learned counsels for the parties.

2. This writ petition has been filed for seeking the following relief(s).

"........... for issuance of writ in the nature of mandamus or any other appropriate writ/ writs order/orders, direction/ directions commanding the respondents, including respondent no.6, to relax the restriction on

Patna High Court CWJC No.12410 of 2025(3) dt.09-12-2025 2/3 registration of the land of the petitioners situated at Mauza Rajnagar as the ceiling proceeding has already been finalized to the extent of the family of the petitioners (namely Ram Chandra Jha, Harish Chandra Jha, Vijay Chandra Jha, Late Bimal Chandra Jha and late Yugal Chandra Jha all sons of Late Mahanand Jha) vide Gazette notification dt.30.08.2002 passed in Land Ceiling Case No.2/2002-03 and finally confirmed vide order dt.29.08.2023 passed by the respondent no.2 in Land Ceiling Misc.

Case No.20/2015-16 (Ram Chandra Jha & Others Versus The State of Bihar & Others).

Thus the ceiling proceeding in respect of the family of Late Mahanand Jha became final thus bar on the registration of land becomes redundant."

3. In the counter affidavit filed by the Respondent Nos. 2 to 5 at para 21 it is stated as under:- "21. That with regard to the statement made in paragraph No. 16 under reply is not true to the extent that the Registrar is sitting over the matter. It is humbly submitted that the claim of the petitioner is based on order dated 29.08.2023 passed by the Collector, Madhubani in Misc. Appeal No. 20/2015-16 which was subject matter of of challenge before the Board

Patna High Court CWJC No.12410 of 2025(3) dt.09-12-2025 3/3 Revenue in surplus Case No. 24/2024 and 25/2024 which are now dismissed vide order dated 09.01.2025 and 10.01.2025 respectively and as such now there is no legal impediment at the moment."

4. Having regard to the same, the present writ petition is allowed. The authorities are directed to allow the registration of the land of the petitioners situated at Mauza Rajnagar which is subject matter of the present writ petition.

5. Accordingly, the present writ petition stands allowed to the extend indicated above.

(A. Abhishek Reddy , J) Bhardwaj/- U