Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 29580 (PAT)

Brajesh Kumar Mishra @ Bipin Bihari Mishra v. The State of Bihar

CWJC/12214/2026 · 2026-08-13

Alok Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12214 of 2026 ====================================================== 1. Brajesh Kumar Mishra @ Bipin Bihari Mishra Son of Late Sita Ram Mishra, Resident of 46, Shalimar Bagh, Behind B.D. Flour Mill, Kardhan, Police Station- Kardhan, District- Ambala, State- Haryana, permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal. 2. Ashutosh Mishra, Son of Late Ghanshyam Mishra, House No. 13, Ashok Vihar Extension Colony, Ashok Nagar, Police Station- Argora, District- Ranchi, State- Jharkhand, permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal. 3. Rahul Kumar, Son of Late Ghanshyam Mishra, C/o R.D. Singh, Ward No. 09, Sanjay Gandhi Path Palmerganj, Lohardaga, Police Station- Lohardaga, District- Lohardaga, State- Jharkhand, permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal. 4. Chandra Kumar Mishra, Son of Late Sitaram Mishra, Near Telipara, Adarsh Nagar, Hirapur, Police Station- Dhanbad, District- Dhanbad, Jharkhand, permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal. 5. Shakuntala Devi, C/o Wife Bharat Bhushan Mishra, Village- Belkhara, Belkhara Khas, Police Station- Sahar Telpa, District- Arwal. permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal 6. Gayatri Mishra, Wife of Shishu Pal Mishra, Near Bara Mill, Taregna Gola, Masaurhi, Police Station- Masaurhi, District- Patna. 7. Krishna Mishra, Wife of Rabindra Nath Mishra, Near Kali Mandir, Phesar Road, Bela, Police Station- Aurangabad, District- Aurangabad. 8. Laxmi Mishra, Wife of Late Sanjay Mishra, H. No. 9, Tiranga Path, Baridih Basti, VTC- Baridih Colony, Police Station- Sidhgora, District- East Singhbhum, State- Jharkhand. permanent Resident of Village- Belkhara, Police Station-Sahar Telpa (Karpi), District- Arwal. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna. 2. The Collector, Arwal. 3. The Additional Collector, Arwal. 4. The Circle Officer, Karpi Anchal, District- Arwal. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, G.A-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER Patna High Court CWJC No.12214 of 2026(2) dt.13-08-2026 2/3 2 13-08-2026 Heard learned counsel for the petitioners and the learned counsel for the State. 2. In the instant writ petition, the petitioners have prayed for the following relief(s): “(a) The Hon'ble Court be pleased to issue writ of certiorari or any other appropriate writ/order/direction for quashing the order dated 08.06.2026 passed by Additional Collector, Arwal in Jamabandi Cancellation Application JBCA77/2025-26. (b) The Hon'ble Court be further pleased to restrain the Respondents/Authorities from constructing Government Medical College and Hospital in Mouza- Belkhara, Thana No. 112, District-Arwal, of Khata No. 261, Khesra No. 2738 and 2675. (c) For any other relief/reliefs to which the petitioners are found entitled in law.” 3. After some argument, learned counsel for the petitioners submits that they shall be preferring an appeal before the appropriate authorities against the order dated 08.06.2026 passed by the Additional Collector, Arwal in JBCA Case No. 77/2025-26 (Bihar Government vs. Bipin Bihari). The submission is that long standing jamabandi has been cancelled and as such, till the appellate authority decides the matter, they be granted interim protection. 4. Learned State Counsel opposes the prayer however, he concedes that the cryptic order passed by the Additional Collector, Arwal, on 08.06.2026 is self-contradictory. On one Patna High Court CWJC No.12214 of 2026(2) dt.13-08-2026 3/3 hand, the order records that the petitioners herein failed to respond despite notice, while, on the other hand, it records that the respondents/petitioners herein submitted their points. 5. This Court can only record such orders passed by the Additional Collector, Arwal and allow the petitioners to file appeal so that the Collector of the district can go through the said cryptic order which is contradictory in itself. 6. In this background, the writ petition stands disposed of allowing the petitioners to approach the concerned authority within a period of four weeks who shall be duty bound to look into the matter and pass an appropriate order, in accordance with law, at the earliest. 7. Till an order is passed by the Collector, Arwal, the status quo, as existing today, shall be maintained. Bipin/- (Alok Kumar, J) U