Akash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13218 of 2025 ====================================================== Akash Mishra Son of Vijay Kumar Mishra, Resident of Parmanand Aushdhalya, Main Road, Near Khadi Bhandar, Jehanabad, P.S.- Jehanabad, District- Jehanabad.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Jehanabad.

4.

The Additional Collector, Jehanabad.

5.

The Circle Officer, Jehanabad.

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

For the Petitioner/s :

Mr.Bibhakar Tiwary, Advocate For the Respondent/s :

Ms. Shweta Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2025 Heard Mr. Bibhakar Tiwary, learned counsel for the petitioner and Ms. Shweta Anand representing the State.

2. The present petition has been preferred for the following relief/s:

(i) to issue an appropriate writ preferably in nature of certiorari for setting aside the order dated 29.10.2024 passed by the Additional Collector, Jehanabad in Zamabandi cancellation case no.21/AC/ 2018-19 by which Zamabandi no.18/3 standing in the name of grandmother of the

Patna High Court CWJC No.13218 of 2025(2) dt.19-08-2025 2/3 petitioner with regard to the land appertaining to Thana no.387, Khata no.101, Plot no.574 area 4 Bigha 4 Katha 13 dhur alongwith the land appertaining to Khata no. 101, Plot no.575 area 1 | Bigha 15 Katha 7 dhur (total 6 Bigha) situated in Mauza Babhna Kataiya, District Jehanabad has been cancelled on the erroneous ground of it being recorded as Gairmajarua Malik Parti Kadim land in the cadastral Burvey Khatiyan alongwith execution of Hukumnama dated 23.10.1947;

(ii) to hold and declare that longstanding Zamabandi continuing for more than 50 years cannot be cancelled in a summary proceeding by any Revenue Authority;

(iii) to grant any other relief(s), for which the petitioner may be found entitled to in the facts and circumstances of the case,

3. After some argument, learned counsel for the petitioner submits that he shall be challenging the order passed by the Additional Collector dated 29.10.2024 in Jamabandi

Patna High Court CWJC No.13218 of 2025(2) dt.19-08-2025 3/3 Cancellation Case No. 21/AC/2018-19 before an appropriate authority. He submits that there has been some delay which may be taken note by the concerned authority.

4. If the petition is preferred in four weeks from today, the authority shall be taking up the limitation petition and see to that the petitioner had approached the Patna High Court and as such the matter be heard on merit and should not be rejected on technical ground.

5. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U