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2025 DAILYLAW 54015 (PAT)

Hari Yadav v. The State of Bihar

CWJC/10348/2025 · 2025-07-03

Rajiv Roy

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10348 of 2025 ====================================================== 1. Hari Yadav son of Late Mahadev Prasad Yadav, resident of Village- Telangwa, P.S.-Katoria and District-Banka. 2. Mohan Prasad Yadav, son of Late Safali Yadav, resident of Village- Telangwa, P.S.-Katoria and District-Banka. 3. Kapildeo Yadav, son of Late Bramhu Yadav, resident of Village-Telangwa, P.S.-Katoria and District-Banka. 4. Binay Kumar Thakur, son of Late Andhu Yadav, resident of Village- Telangwa, P.S.-Katoria and District-Banka. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary Department of Land Reforms and Revenue, Bihar, Patna. 2. The Director, Department of Revenue and Land Reforms, Bihar, Patna. 3. The Commissioner, Bhagalpur Division, Bhagalpur. 4. The District Magistrate, Banka. 5. The Additional Collector, Banka. 6. The L.R.D.C., Banka. 7. The Circle Officer, Katoria, Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajib Ranjan Jha, Advocate For the State : Mr. A.B. Sinha, G.A.-8 Ms. Kalpana, Adcovate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 03-07-2025 Heard the parties. 2.The present petition has been preferred for the following relief/s: (i) for setting aside the notice dated 08.05.2025 issued by the respondent no. 5 by which cancellation of Jamabandi Case No. 34 of 2025-26 has been initiated against the Patna High Court CWJC No.10348 of 2025(2) dt.03-07-2025 2/3 petitioners and his other co-parcenors in whose name notice has not been issued but their raiyati land has been included in the notice; (ii) for setting aside the entire proceeding of Cancellation of Jamabandi Case No. 34 of 2025-26 which was illegally initiated by the respondents at the political pressure for the ralyati land of the petitioners appertaining to Mouza Katoria, Thana по. 130, Jamabandi No. 83/366 having Khata no. 346 Khesra No. 984 Area 5.101/4 Acres of land; (iii) for a direction to the respondents not to disturb the physical possession of the petitioners upon which the petitioners have been in possession since 1944 and long standing Jamabandi cannot be cancelled in a summary proceeding which falls within the exclusive domain of the civil court; (iv) for a direction to the respondent no. 2 for setting up a high level inquiry committee as on whose instruction recommendation Patna High Court CWJC No.10348 of 2025(2) dt.03-07-2025 3/3 was made for cancellation of Jamabandi running in the name of ancestor of the petitioners since 1944, return in their names, khatian was also prepared in their names and rent receipt is being issued in their names. (v) for any other relief or reliefs for which the petitioners are found entitled in the facts and circumstances of the case. 3. After some argument, learned counsel for the petitioners submit that he shall be answering to the notice issued by the Additional Collector, Banka in Jamabandi Case No. 34 of 2025-26. 4. Granting the said liberty and without commenting on the merit of the case, the writ petition is disposed of. Ravi/- (Rajiv Roy, J) U