Ravindra Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14791 of 2025 ====================================================== 1.

Ravindra Narayan Singh Son of Late Jagnarayan Singh, Resident of VillageSikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 2.

Sanjay Kumar, Son of Late Brajendra Narayan Singh, Resident of VillageSikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 3.

Rajesh Kumar Singh, Son of Late Surendra Narayan Singh, Resident of Village- Sikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 4.

Uday Kumar Singh, Son of Late Narendra Narayan Singh, Resident of Village- Sikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 5.

Pawan Kumar Singh, Son of Late Upendra Narayan Singh, Resident of Village- Sikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 6.

Shiv Shankar Kumar Singh, Son of Late Devendra Narayan Singh, Resident of Village- Sikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. 7.

Dhiraj Kumar Singh, Son of Late Devendra Narayan Singh, Resident of Village- Sikaharia, Mauja, Garonawada, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms, Bihar, Patna.

2.

The Collector-cum-District Magistrate, Jamui. 3.

The Additional Collector, Jamui.

4.

The Deputy Collector Land Reforms, Jamui.

5.

Circle Officer, Jamui.

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

For the Petitioner/s :

Mr.Rajan Ghoshrave, Adv.

Mr. Mritunjay Kumar, Adv.

For the Respondent/s :

Mr. Rewati Kant Raman, AC to SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-09-2025 The instant writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:- "That this is an application praying for issuance of a writ of an appropriate writ, Order or direction commanding the Respondent No. 2 to dispose of the Appeal preferred by the Petitioners against the

2/4 order dated 24/02/2025 passed in Jamabandi Cancellation Case No. 226/2024 by the Additional Collector, Jamui (Respondent No. 3) by which the Jamabandi No. 85/54, 121/70, 192/120, 254/140, 174/115, 235/135, and 195/121 has been cancelled which were in the names of the Petitioner.

Further for a direction to the Respondent Authorities not to disturb the possession of the Petitioners during the pendency of the said appeal before the Collector, Jamui (Respondent No. 2). Further for a direction to the Respondent Authorities to stop ongoing construction work on the said lands of the Petitioners during the pendency of the Appeal".

2. Heard Mr. Rajan Ghoshrave, learned counsel for the petitioners and Mr. Rewati Kant Raman, learned AC to SC 11 for the State- respondents.

3. The main grievance of the petitioners in this writ petition is that their Appeal No. 01 of 2025 preferred against the order dated 24.02.2025 passed in Jamabandi Cancellation Case No. 226 of 2024 by the Additional Collector, Jamui by which long standing Jamabandi existing in the name of the petitioners has been cancelled is not being decided. It is submitted by the petitioners' counsel that the petitioners appeared in the Jamabandi Cancellation case before the Additional Collector and gave all the details of the land and relevant documents including the rent receipts but none of them was considered by the Additional Collector and he wrongly mentioned in the order dated 24.02.2025 that no document to substantiate the petitioners' claim was given and in this regard, the observation

3/4 made by the Additional Collector is completely wrong and the same can be proved by this fact that the petitioners have given all the details of the land with the relevant documents in support of their claim in the memo of appeal preferred by them before the Collector-cum-District Magistrate (respondent No.2) and there was no reason for them to suppress all these documents before the Additional Collector. It is further submitted that upon the land in question a Government building perhaps of the Excise Department is being constructed upon the direction of the District Magistrate and the appellate authority is also the District Magistrate to deal with the petitioners' appeal, so, due to this reason the petitioners' appeal is delayed intentionally.

4. Considering the aforesaid submissions and taking into account the petitioners' grievance, the District Magistrate, Jamui, (respondent no.2) is directed to dispose of the petitioners' appeal at the earliest, preferably, within three months from today and shall also decide the petitioners' application in which the petitioners have prayed for injunction or interim measure. The respondent No.2 is further directed to take interim measure regarding the issue raised in Annexure- P/2 and ensure that status quo should be maintained over the land in question till the pendency of the petitioners' appeal.

4/4

5. With the aforesaid direction, this writ petition stands disposed of.

(Shailendra Singh, J) BKS/- U