Baccha Rai @ Baccha Pd. Yadav v. The State of Bihar
CWJC/10679/2026 · 2026-07-24
Rajiv Roy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27100 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27100 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10679 of 2026 ======================================================
1. Baccha Rai @ Baccha Pd. Yadav Son of Late Binda Rai@Late Binda Prasad Yadav Resident of village- Barkurwa, P.S.- Piprakothi, District- East Champaran.
2. Satyadev Rai @ Satyadev Pd. Yadav, Son o Late Uttam Rai, Resident of village- Barkurwa, P.S.- Piprakothi, District- East Champaran.
3. Lakhindra Rai, Son of Late Kari Rai @ Jokhan Rai, Resident of village- Barkurwa, P.S.- Piprakothi, District- East Champaran.
4. Alok Kumar Rai, Son of Late Pathal Rai, Resident of village- Barkurwa, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
2. The District Magistrate-cum-Collector, East Champaran.
3. The Additional District Magistrate-cum-Additional Collector, Motihari, East Champaran.
4. The Deputy Commissioner, Land Reforms, Motihari, East Champaran.
5. The Circle Officer, Piprakothi, East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Respondent/s : Mr.K.K. Singh, AC to GP-22 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 24-07-2026 Heard the parties through virtual mode.
2. The present petition has been preferred for the following relief/s: (i) to issue a writ of certiorari for quashing the notice dated 06.06.2026 which was issued in the Mutation cancellation case no. 50/2026-27 as well as proceeding on the basis of above notice in state through Anchaladhikari,
Piprakothi,
East
Patna High Court CWJC No.10679 of 2026(2) dt.24-07-2026 2/4 Champaran U/S Jokhan Rai and others to the above mentioned petitioner for appearance regarding proceeding in the cancellation of jamabandi no. 389, 390, 391 on the basis of proposal no. 02/26-27 by the Circle Officer cum- Anchaladhikari, Piprakothi which is beyond the Rule established by the law; (ii) to issue a writ of prohibition to stay on the further proceeding of jamabandi cancellation case no. 50/26-27 for direction to the respondent authority by prohibiting them regarding disturbance on possession of the land bearing khata no 156, kheshra no 507 in question of the aforesaid jamabandi no. 289,390,391 through summary proceeding of cancellation of jamabandi which is not accordance with the procedure established by the law; (iii) for grant of no coercive action by the respondent on the possession of the land during pendency of present writ application;
Patna High Court CWJC No.10679 of 2026(2) dt.24-07-2026 3/4 (iv) for grant of any appropriate direction/directions,
relief/reliefs,
order/orders which is appropriate for the interest of justice.
3. The petitioners claim that they are in possession of a piece of land having khata no. 156, kheshra no. 507 which according to them, have been transferred in the year 1961 and jamabandi created.
4. The submission is that the Court of Additional Collector, East Champaran, Motihari has initiated Jamabandi Cancellation Case No. 50/2026-27 (State through the Circle Officer, Piprakothi vs. Jokhan Rai and others) in which they have received notice dated 06.06.2026.
5. Aggrieved, the present petition.
6. The contention in the writ petition is that the long standing jamabandi cannot be cancelled by the respondents.
7. Learned counsel for the State opposes the prayer submitting that a mere notice has been issued and whatever contention the petitioners want, it can very well be submitted before the Additional Collector, East Champaran, Motihari.
8. Learned counsel for the petitioners submit that though the case has not been taken to its logical conclusion, the
Patna High Court CWJC No.10679 of 2026(2) dt.24-07-2026 4/4 respondents are trying to disturb the peaceful physical possession.
9. Learned State counsel submits that no such averment has been made in the writ petition save and except that his brother has been arrested without assigning on which ground he has been detained. He acknowledges that till the Additional Collector, East Champaran, Motihari comes to a logical conclusion and passes a reasoned order, the status of the land as existing today cannot be changed.
10. The aforesaid contention has been put forward by the parties, the submission of the State counsel has also been recorded. The petitioners are well advised to cooperate in the proceedings that is continuing before the Court of learned Additional Collector, East Champaran, Motihari and who shall see to it that the matter is taken to its logical conclusion at an earliest and it is expected from his/her that till he/she takes a decision, the status quo as existing today shall be maintained.
11. The writ petition is disposed of with the aforesaid observation. Ravi/- (Rajiv Roy, J) U