IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6156 of 2025 ====================================================== Himanshu Kumar Akela @ Himanshu Kumar Son of Late Sukhdev Prasad Singh, Resident of Village Sherpar, P.O. Barbigha, District Sheikhpura at present resident of Road No.6A, Shri Krishna Vihar Colony, Beur, Anishabad, P.S. Beur, District-Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 3. The Collector cum District Magistrate, Sheikhpura. 4. The Deputy Collector Land Reforms, Barbigha, Sheikhpura. 5. The Circle Officer, Barbigha, Sheikhpura. 6. The Barbigha Municipal Council through its Executive Officer, Barbigha. 7. The Executive Officer, Barbigha Municipal Council, Barbigha. 8. Mahendra Manjhi, son of Late Murran Manghi, Resident of Village Sherpar, East Musahri, Barbigha, District-Sheikhpura. 9. Urmil Manjhi, Son of Late Shia Manghi, Resident of Village Sherpar, East Musahri, Barbigha, District-Sheikhpura. 10. Ramashray Manjhi, son of Late Prasidi Manghi, Resident of Village Sherpar, East Musahri, Barbigha, District-Sheikhpura. 11. Guleshar Manjhi, son of Late Nankhu Manghi, Resident of Village Sherpar, East Musahri, Barbigha, District-Sheikhpura. 12. Vijay Manjhi, son of Late Ramasur Manjhi, Resident of Village Sherpar, East Musahri, Barbigha, District-Sheikhpura. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mayank Rukhaiyar For the Respondent-6&7: Mr. Neeraj Kumar Singh For the State : Mr. S. K. Ranjan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 21-08-2025 1. Heard learned counsel for the parties concerned. 2. The present writ application has been filed for quashing/cancellation of jamabandi created by the respondent no. 5-Circle Officer, Barbigha, Shiekhpura, in favour of the Patna High Court CWJC No.6156 of 2025(2) dt.21-08-2025 2/4 private respondent nos. 8 to 12, pertaining to a piece of land admeasuring 18 decimal, bearing Khata No. 22, Khesra No. 79, situated in Mauja Narayanpur, Thana No. 62, which in under peaceful possession of the petitioner. 3. Learned counsel for the petitioner submits that mother of the petitioner purchased the aforesaid land by way of registered sale deed from its original owner in the year 1980 and mutation/jamabandi was created in the name of petitioner’s mother vide Jamabandi No. 657. Out of 18 decimals of land, the petitioner’s mother sold 3.1 decimals of land to one Manju Devi in the year 2016 and a Jamabandi No. 1817 was created in favour of the purchaser. 4. After death of the petitioner’s mother, remaining 14.875 decimals of land was mutated in favour of the petitioner in Mutation Case No. 3219 of 2020-21 and a jamabandi was accordingly created in his name, photocopy of the jamabandi register is annexed at Annexure-P/3. The petitioner has been paying property tax regularly. 5. Recently, the petitioner came to know that parallel jamabandi has been created in favour of the private respondents for 4 decimals of land on the basis of Basgit Parcha allegedly issued in their favour in the year 1968. The copy of Basgit Patna High Court CWJC No.6156 of 2025(2) dt.21-08-2025 3/4 Parcha is not traceable in the Office of respondent no. 5 and/or with the private respondents. 6. He further submits that jamabandi, in favour of priavte respondents, has been created upon the land, owned by the petitioner, without giving any opportunity of hearing to the petitioner. 7. Accordingly, the submission of the petitioner is that the jamabandi, in favour of the private respondents, has been created in violation of the principle of nature justice. 8. On the other hand, learned counsel for the State as well as respondent nos. 6 and 7-Municipal Corporation, Barbigha, submits that under the Bihar Mutation Manual, the petitioner has liberty to file an appeal before the Deputy Collector Land Reforms (DCLR), which the petitioner may avail by filing an appeal making the private respondents as party therein. 9. Taking into consideration the rival submissions of the parties and nature of dispute raised in this writ application, the present writ application is disposed with liberty to the petitioner to file mutation appeal before the DCLR. 10. If an appeal is filed by the petitioner within a period of one month from today, along with condonation of Patna High Court CWJC No.6156 of 2025(2) dt.21-08-2025 4/4 delay petition, the same shall be disposed by the DCLR on its own merit and in accordance with law, after giving opportunity of hearing to the concerned persons, within a reasonable time frame, preferably within a period of five months. 11. With the aforesaid observations and directions, this writ application stands disposed. ashwani/- (Anil Kumar Sinha, J) U