Citation : 2025 Latest Caselaw 1123 Patna
Judgement Date : 4 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12414 of 2025
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Dr. Nausheen Sharqui Son of Late Md. Alyasa, Resident of Rizwan House,
Maulana Chuck, Bhagalpur, P.s.- Mojahidpur, District- Bhagalpur, Pin-
812002.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna- 800001.
2. The District Magistrate, Bhagalpur.
3. The Additional District Magistrate, Bhagalpur.
4. The Deputy Commissioner, Land Revenue, Bhagalpur.
5. The Circle Officer, Sabour, Bhagalpur.
6. Sri Sattan Paswan, Son of Viro Paswan, Resident of Sultanpur Bhitti,
Bhagalpur, P.S.- Sabour, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Madhav Krishna
For the Respondent/s : Mr.Standing Counsel (24)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 04-08-2025 In the instant petition, petitioner has prayed
for the following relief:-
An appropriate writ may be issued declaring the act of the respondents is illegal, bad in law, unjustified, unenforceable and null and void ab initio in law.
(ii) An appropriate writ in the nature of mandamus may be issued directing the respondents to restore the area of measurement in the Jamabandi of the petitioner immediately.(
iii) Any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require Patna High Court CWJC No.12414 of 2025 dt.04-08-2025
and deemed fit by this Hon'ble Court may also be issued.
2. Learned counsel for the petitioner submits that
petitioner's grandfather was the Khatiyani Raiyat of the land
situated at Mauza-Sultanpur Bhitatti, Halka-Khankitta, Thana
No. 97, Khata no. 41, Khesara No. 39, 30 area 10.24 decimal, as
mentioned in para 4 of the petition. He further submits that land
receipt was issued in the name of his father and after death of
his father, petitioner has been paying revenue tax continuously
till 2022-2023 and the same is annexed as Annexure-P/1 of the
writ petition. He further submits that petitioner tried to pay
revenue tax for the next period from 2023-2024 but the area of
the said jamabandi became zero which is evident from the
Annexure-P/2 of the writ petition, though, earlier by virtue of
Annexure-P/1, the area has been shown as 10.4 decimal of the
aforesaid plot. Learned counsel for the petitioner has submitted
that he has sought relevant information, by virtue of Annexure-
P/3, with regard to the aforesaid land and reply has been given
that someone wrote sandigh jamabandi in red pen and there is
no signature and it has no information who has written sandigh
jamabandi and when it was written in the said jamabandi.
Learned counsel further submits that he has represented his
grievance before A.D.M, Bhagalpur that the jamabandi of Khata Patna High Court CWJC No.12414 of 2025 dt.04-08-2025
no. 41, Khesara No. 39, 30 has been issued in the favour of
Sattan paswan but the said petition is lying in the office of
A.D.M, Bhagalpur. He further submits that no step has been
taken as yet as to why the jamabandi of the aforesaid land has
been issued in the name of other parties. It is further submitted
that no reason has been assigned and no notice has been served
while cancelling the jamabandi of the said plot. In this way,
representation of the petitioner is quite reasonable and
appropriate order is required in the light of aforesaid facts.
3. Learned counsel on behalf of the State submits that if
petitioner represent his grievance afresh before A.D.M,
Bhagalpur, in that situation, he may look into the grievance of
the petitioner.
4. Considering the facts and circumstances of the case
and the arguments advanced on behalf of the parties, the present
writ petition stands disposed of with liberty to the petitioner to
file fresh representation before the competent authority for
redressal of his grievance, as has been raised in the present writ
petition, within a period of four weeks from the date of receipt
of the order. If such representation is filed within the stipulated
period, the concerned authority is directed to consider and
dispose of the representation of the petitioner by giving him due Patna High Court CWJC No.12414 of 2025 dt.04-08-2025
opportunity of hearing to the parties concerned, in accordance
with law, without being prejudiced by the order passed by this
Court expeditiously, within a reasonable time period.
(Alok Kumar Pandey, J) vashudha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2025 Transmission Date NA
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