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Patna High Court
Deepak Kumar Mandal vs The State Of Bihar on 31 January, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1447 of 2026
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Deepak Kumar Mandal S/o- Sajjan Mandal @Sangam Kumar Mandal
@Sanjam Kumar Mandal, R/o- Hathapur Parsa, P.O and P.S.- Basopati,
District- Madhubani, Bihar. (847225)
... ... 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 Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
4. The District Magistrate, Madhubani.
5. The Land Acquisition Officer, Madhubani.
6. The Sub-Divisional Officer, Jaynagar, Madhubani.
7. The Circle Officer, Basopati, Madhubani.
8. Gangai Mandal, S/o- Late Dhanpat Mandal, R/o- Hathapur Parsa, P.O and
P.S.- Basopati, District- Madhubani, Bihar.(847225).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shubhankar Raj, Advocate
Mr. Umesh Kumar, Advocate
For the Respondent/s : Mr.Government Pleader 20
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 31-01-2026
Heard Mr. Shubhankar Raj along with Mr. Umesh
Kumar, learned counsels appearing on behalf of the petitioner
and learned GP 10 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
"(i) For issuance of writ in the nature of
certiorari or any other appropriate writ for quashing the
part of Land Possession Certificate issued on 02/01/2024
Patna High Court CWJC No.1447 of 2026 dt.31-01-2026
2/6
by the Circle Officer, Basopati in the favour of Private
Respondent no.8, with respect to Khata no.543 (old);
840(new), Khesra no.2201(old); 4471 (new), Rakba-0-2-10
(two kattha 10 dhur), situated in Mauja- Hathapur Parsa,
Anchal- Basopati, District- Madhubani. As the Land
possession certificate for the same khata and khesra has
been issued by the Circle Officer, Basopati in the favour of
petitioner's father (Sajam Kumar Mandal) and uncle
namely, Rajaram Kr. Mandal, Nageshwar Mandal on
28/03/2023
.
ii) For issuance of writ in the nature of
mandamus or any other appropriate writ for commanding
the respondents to pay the compensation amount of the land
in question as decided by the concerned authority for the
Bharat Mala Yojana.
iii) For issuance of any other appropriate writ,
order(s) or direction(s) which your Lordships may deem fit
and proper in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner in respect of the relief as sought for in the present writ
petition submitted that as per Register II, the jamabandi No.141
stands in the name of the father of the petitioner in respect of
Khata no.543 (old) corresponding 840(new), Khesra
no.2201(old), 4471 (new), total area 2 kattha 10 dhur, situated in
Patna High Court CWJC No.1447 of 2026 dt.31-01-2026
Mauja- Hathapur Parsa, Anchal- Basopati, District- Madhubani.
Learned counsel informs that in the west of the said piece of
land possessed by the petitioner there is a road. The land was
purchased vide registered sale deed dated 29.08.1979 by the
grandfather of the petitioner, namely, late Ramswroop Mandal
and thereafter a compromise petition was filed by the parties
before the Deputy Collector, Land Revenue, Madhubani and the
same was disposed of vide order dated 29.01.1980. Learned
counsel submitted that undisputedly at least from 29.01.1980,
the petitioner's ancestors remained in possession of the said
land and now the petitioner is in the possession of the said land.
However, to disturb the title of the petitioner, on the basis of an
application made by cousin of the petitioner, he obtained a land
possession certificate from the concerned Circle Officer on
02.01.2024. The Circle Officer without inquiry and considering
the background in which the petitioner is in possession of the
land on the basis of the recorded evidence and compromise
entered between the parties, has issued land possession
certificate without having jurisdiction, forcing the petitioner to
file the present writ petition.
4. Per contra, learned counsel appearing on behalf of
the State submitted that the petitioner without availing the
Patna High Court CWJC No.1447 of 2026 dt.31-01-2026
appropriate remedy has straight away come before this Court.
However, the petitioner may approach the District Magistrate-
cum-Collector, Madhubani to challenge the action of the Circle
Officer, Bassopati in order to get cancellation of the land
possession certificate issued in the name of Gangai Mandal
(respondent no.8) in accordance with law.
5. Heard the parties.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the records and the
documents annexed to the writ petition in support of the
pleadings made in several paragraphs, I find that the petitioner
has prima facie made out a case that by a registered sale deed
dated 29.08.1979 the ancestors of the petitioner came into
possession of the disputed land for which the Circle Officer as
recently has issued land possession certificate in the name of
respondent no.8 on 02.01.2024. The Circle Officer without
having given any opportunity to the petitioner and without
going through the evidences which the petitioner have brought
on record along with the present writ petition has acted beyond
his jurisdiction. Action of the Circle Officer being mala fide
having issued land possession certificate in the name of private
respondent no.8 without giving any opportunity to the petitioner
Patna High Court CWJC No.1447 of 2026 dt.31-01-2026
and also not verifying the revenue records based on any
inspection of the land calls for interference of this Court.
7. In such circumstances, this Court don't have any
alternative than to render the land possession certificate issued
in favour of the private respondent no.8 in-operational.
8. As I have already held the land possession
certificate issued in favour of respondent no.8 in-operational,
the petitioner, if so advised, may file a detailed application
before the District Magistrate-cum-Collector, Madhubani. The
District Magistrate-cum-Collector is directed to call for the
revenue records relating to the land in dispute, being the subject
matter of the present writ petition from the Circle Office,
Basopati.
9. The Circle Officer must forthwith after having been
informed about this order produce all the records before the
District Magistrate-cum-Collector, Madhubani. He must appear
before the Collector along with the petitioner and respondent
no.8 within one week from the date of communication of this
order. In case, he fails to do so, then the District Magistrate must
take action against the Circle Officer for his malafide act in not
producing the records and appearing before him along with the
petitioner. Once the District Magistrate-cum-Collector receives
Patna High Court CWJC No.1447 of 2026 dt.31-01-2026
the records from the Circle Office, he is required to go into the
evidences and see that whether the Circle Officer has exceeded
his jurisdiction and has issued the land possession certificate
under any undue influence and if he fins so, then action is
required to be taken against the concerned Circle Officer after
hearing all the parties within a period of six weeks from the date
of communication of this order.
10. The writ petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.02.2026
Transmission Date NA
