Virendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15934 of 2025 ====================================================== Virendra Kumar Singh, S/o Late Gauri Shankar Singh, R/o Village+PO- Koari Madan, PS -Mejarganj, District- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Bihar Land Reforms and Revenue Department, Govt. of Bihar, New Secretariate, Patna. 2.
District Magistrate, Sitamarhi.
3.
Additional Collector, Sitamarhi.
4.
Deputy Collector, Land Reforms, Sitamarhi.
5.
Circle Officer, Sitamarhi.
6.
Block Development Officer, Mejarganj.
7.
Bhushan Chaudhary, S/o Late Sadhusharan Chaudhary, R/o Village and PO and PS- Mejarganj, District- Sitamarhi.
8.
Mahesh Singh, S/o Late Bhushandeo Singh, R/o Village- Madhopur Tola Balua, PO- Madhopur, PS -Mejarganj, District -Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr Singh No.1, Adv.
For the Respondent/s :
Mr. Vikash Kumar, SC-11 Mr. Piyush Kumar Pandey, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-11-2025 The instant writ application has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs : - "(i) For issuance of a writ in nature of writ of certiorari for setting aside the notice dated 24.10.2024 passed by the Additional Collector, Sitamarhi in Jamabandi Cancellation Case No. 28/2024-25 by which the respondent has filed the above case for cancellation of Jamabandi of Khesara no. 1792 and the Additional Collector Sitamarhi
Patna High Court CWJC No.15934 of 2025(2) dt.04-11-2025 2/3 has issued notice to the petitioner and directed to appear before the court on 14.10.2024 without considering the facts that the learned Munsif Sadar, Sitamarhi in Title Suit no.29/2001 on 20.8.2004 has passed order in favour of the petitioner of the said land and on 12.7.2006 learned court of District Judge, Sitamarhi in T.A. No. 37/2006 confirmed the order passed by the learned Munsif in Title Suit no. 29/2001.
(ii) For issuance of any other appropriate writ, order or direction as Your Lordships may deem fit and proper."
2. Mr. Ajay Kr Singh No.1, learned counsel for the petitioner and Mr. Vikash Kumar, learned SC-11 for the Staterespondents, are present and they are heard.
3. The main grievance raised by the petitioner in this writ petition is that despite the petitioner's title to the land in question having been settled by various forums, including the civil court, the Additional Collector, Sitamarhi, has initiated Jamabandi Cancellation Case No. 28/2024-25 on the basis of a representation given by a private person and has issued a notice dated 24.10.2024 to the petitioner, which has been challenged in this writ petition.
4. As the petitioner has simply challenged the notice dated 24.10.2024 issued by the Additional Collector, Sitamarhi,
Patna High Court CWJC No.15934 of 2025(2) dt.04-11-2025 3/3 in connection with Jamabandi Cancellation Case No. 28/202425, so, the instant writ petition is premature as the relevant facts and grounds, which have been taken by the petitioner in this writ application, as narrated in several paragraphs, are required to be placed before the Additional Collector, Sitamarhi, in response to the impugned notice. Accordingly, the petitioner is directed to appear before the Additional Collector, Sitamarhi, for putting his response upon the alleged notice dated 24.10.2024 with all the relevant documents. If the petitioner appears and files his response to the said notice before the Additional Collector, Sitamarhi, then the said Additional Collector shall decide the Jamabandi Cancellation Case No. 28/2024-25, as per the provision of law, after examining all the relevant facts and giving sufficient opportunity to the petitioner.
5. Accordingly, with the above direction, the instant writ petition stands disposed of.
(Shailendra Singh, J) annu/- U