Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16685 of 2025 ====================================================== Indu Devi Daughter of Late Nand Kishore Sharma, Wife of Balmiki Narayan Sharma @ Balmiki Narayan Resident of Village- Lekha Nagar, P.S.- Danapur, District- Patna, Pin Code- 801105.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, New Secretariat, Patna- 800015. 2.

The Additional Collector, Patna, Bihar.

3.

The Circle Officer, Bikram, District- Patna, Bihar. 4.

The Circle Officer, Naubatpur, District- Patna, Bihar. 5.

Jitender Sharma, Son of Late Vidhyarthi Jee Resident of Village- Pariwan, P.S.- Ghosi, District- Jehanabad, At present resident of Village- Gopalpur, P.S.- Bikram, District- Patna.

6.

The Commissioner, Patna Division, Patna.

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

For the Petitioner/s :

Mr. Binod Kumar Paswan, Advocate For the Respondent/s :

Mr. Standing Counsel (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2025 Learned counsel for the petitioner prays for and is allowed to implead the Commissioner, Patna Division, Patna as respondent no. 6 in course of the day.

2. Heard the parties.

3. The present petition has been preferred for the following relief(s):

"(i) For issuance of an appropriate writ in the nature of certiorari, for quashing the impugned order dated 19.12.2024 passed by the

Patna High Court CWJC No.16685 of 2025(2) dt.11-11-2025 2/3 Learned Additional Collector, Patna, in Jamabandi Cancellation Case No. 134/17-18, whereby the genuine claim of the petitioner for cancellation of illegal Jamabandi entries has been rejected.

(ii) For issuance of an appropriate writ in the nature of mandamus, directing the respondent authorities to cancel:

Jamabandi No. 236/A, Mauza Gopalpur, P.S. Bikram, District - Patna, and Jamabandi No. 94, Mauza Sarai, P.S.

Naubatpur, District-Patna, which have been illegally recorded in the name of private respondent Jitender Sharma without any lawful title deed.

(iii) For a direction upon the respondents to restore and record Jamabandi in the name of the petitioner Indu Devi and other legal heirs of Late Nand Kishore Sharma, the original khatiyan holder and recorded tenant.

(iv) For holding that mere mutation/Jamabandi entry does not confer or extinguish title, and therefore the petitioner being a

Patna High Court CWJC No.16685 of 2025(2) dt.11-11-2025 3/3 lawful heir cannot be deprived of her constitutional right to property guaranteed under Article 300A of the Constitution of India.

(v) For grant of any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the case."

4. After some argument, learned counsel for the petitioner submits that she shall be approaching the newly added respondent no. 6, the Commissioner, Patna Division, Patna for the redressal of the grievance.

5. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U