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2025 DAILYLAW 102740 (PAT)

Ashwini Kumar v. The State of Bihar

CWJC/7955/2025 · 2025-11-19

A Abhishek Reddy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7955 of 2025 ====================================================== Ashwini Kumar Son of Late Brajeshwar Prasad, Resident of Mohalla- Mahmadpur, Ward no.- 38, Bhagwati Asthan Mahmmadpur, District Begusarai ... Petitioner Versus 1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar Patna. 2. The Collector, Begusarai. 3. The Additional Collector, Begusarai. 4. The Deputy Collector Land Reforms, Begusarai. 5. The Circle Officer, Sadar Begusarai. 6. Navin Kumar, S/o Rajendra Prasad Chaurasia, Resident of Mohalla- New Chanakya Nagar, Ward no.- 39, Shanti Nagar, Near Vishnupur Chauri Hanuman Mandir, P.O.- Mirzapur Bandwar, P.S.- Nagar (Begusarai), District- Begusarai, (Pin- 851129). 7. Rajiv Ranjan Prasad, S/o Late Jyotindra Prasad Sinha Resident of Village and P.O.- Makkhachak, Ward No.- 6, P.S.- Nagar (Begusarai), District- Begusarai, Pin- 848201. ... Respondents ====================================================== Appearance : For the Petitioner : Mr.Amarendra Narayan, Adv. For the Respondents : Mr.Zeeshan Kalim, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 2 19-11-2025 Heard the parties. 2. The present writ petition has been filed for the following relief(s) : “……………….. for issuance of writ of appropriate nature order or direction to the respondent authorities for cancelling Jamabandi Hhay Bartman 20 page no 64 (computerized Jamabandi 191131400252753) created Dhakhil Kharij case no. 277/2022-23 illegally for 10 decimal land of plot no 380 under khata 197 mouza Mahmadpur, Anchal Sadar, distrnet Begusarai in the name of respdt no. 6 on the manipulated and Patna High Court CWJC No.7955 of 2025(2) dt.19-11-2025 2/3 false description of sale deed no.4729 dated 17.09.13; and suppressing rejection of earlier attempts for mutation of the land in question based on sale deed no.4729 dated 17.09.20 executed by respdt no.7 for the land; and also the fact that no raiyati interest survives in plot no. 380/381 which can be mutated in the name of respdt no. 6/7 in plot no.380 & 381 which is Public land and flank of N.Η 31. The petitioner has filed Jamabandi Cancellation case no.99/2023-24 before the Additional Collector Begusarai; and for cancellation of this illegally created Jamabandi on the basis of sale deed no.4729 dated 17:09 13 concerns to one Ram Narayan Sah for different khesra 549 of Jagadishpur having no interest or connection with Jamabandi no. 86 Vol no 3 and Jamabandı no 1306 Vol 16 or the land in question, but despite the period allotted for disposal of mutation related cases prescribed in law, the Jamabandı Cancellation case no 99/2023-24 is being kept pending for long. which is causing undue delay in implementation of the order of the Commissioner Munger dated 16.01.25 in BLDR Appeal no. 206/2024 as well as in completing process of removal of encroachment initiated in Public Land Encroachment Proceeding 09/2024-25. The petitioner prays for an order calling upon records of Jamabandi Cancellation case no.99/2023-24 from the court of the Additional Collector Begusarai and for passing appropriate orders / directions for cancellation of Jamabandi created in the name of respondents no.5 & 6.” Patna High Court CWJC No.7955 of 2025(2) dt.19-11-2025 3/3 3. Without going into the merits or demerits of this case, the present Writ Petition is disposed of at the stage of admission with the consent of both the counsels. 4. Having regard to the fact that the only prayer sought for by the petitioner is to direct the Respondent No. 3 to dispose of the Jamabandi Cancellation Case No. 99 of 2023-24 by fixing a time frame period. 5. This Court is of the opinion that the ends of justice would be served if a direction be given to the Respondent No. 3 to dispose of the said Jamabandi Cancellation Case No. 99 of 2023-24 as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. The authority before passing any order shall put the petitioner as well as the Respondents No. 6 and 7 on notice and grant them opportunity of hearing. If any objections are filed by the Respondent No. 6 and 7 the same shall be taken into consideration by the said authority. 6. With the above directions, the Writ Petition stands disposed of. Shamshad/- (A. Abhishek Reddy , J) U