IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2265 of 2026 ====================================================== 1. Shamshul Hoda Ansari Son of Late Alauddin Ansari, Resident of Village- Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran. 2. Javaud Ansari, Son of Late Akhtar Ali, Resident of Village- Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran. 3. Umar Miyan @ Umar Ali Son of late Gafar Miyan, Resident of Village- Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran. 4. Pradip Kumar Giri, Son of Yogendra Giri, Resident of Village- Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Land Revenue, Government of Bihar, Patna. 2. The Principal Secretary, Department of Land Revenue, Government of Bihar, Patna. 3. The Collector, East Champaran, Motihari. 4. The Additional Collector cum Additional District Magistrate, East Champaran, Motihari. 5. The Deputy Collector (land) Reforms, Keshariya, East Champaran. 6. The Circle Officer, Keshariya, East Champaran, Motihari. 7. The Halka Karamchari, Panchayat Husseni, Circle- Keshariya, District- East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Respondent/s : Mr. Subhash Pd. Singh, GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 12-02-2026 Heard Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioners and Mr. Subhash Pd. Singh learned learned counsel for the State. 2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- “(I) To issue a writ/writs, commanding and Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026 2/5 directing a respondent authority to withdraw jamabandi canellation Case No.15/2025-26 pending before the Ld. Additional Collector cum Additional District Magistrate, East Champaran, Motihari. (ii) To issue a show cause cum explanation from respondent authorities why they initiate jamabandi cancellation against the petitioners without verifying the land records produced by the petitioners. (iii) Any other relief or reliefs.” 3. The brief facts of the Case are that the petitioners received a notice dated 05.01.2026 issued under the signature of the Additional Collector-cum-Additional District Magistrate, East Champaran at Motihari, dated 25.11.2025, informing them that on the proposal of the Circle Officer, Khesariya bearing Proposal No. 2/2025–26, a proceeding has been initiated for cancellation of mutation with respect to land bearing Khata No. 52, Kheshra Nos. 667, 2870 and 2872, Thana No. 245, Mauza–Huseni. The families of the petitioners have been Bataidars (sharecroppers) under the original raiyats, namely Mahadev Singh and Maheshwar Singh, since the year 1950 in respect of the aforesaid land. In Bataidari Case Nos. 210, 219, 220, 232, 236, 245 and 246 of 1975–76, the learned DCLR, East Champaran, Motihari, declared the petitioners as Bataidars under Section 48(E) of the Bihar Tenancy Act by order dated 07.08.1985. No appeal was preferred against the said order by the original raiyats. Subsequently, upon an application under Section 48(D) of the Bihar Tenancy Act read Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026 3/5 with the Rules, 1992, the Circle Officer, Khesariya, vide order dated 21.03.2005, directed the petitioners to deposit 24 times the land revenue. The petitioners deposited the said amount on 28.11.2005, and receipt was duly issued. Thereafter, the petitioners were declared raiyats in respect of the said land. After sometime when certain persons attempted to disturb the peaceful possession of the petitioners over the aforesaid land, the petitioners instituted Title Suit No. 349 of 2005 before the learned Sub Judge, East Champaran, Motihari. The said suit was decreed in favour of the petitioners vide judgment and order dated 09.09.2013, and the decree was accordingly prepared. That after being declared raiyats, Jamabandi was created in favour of the petitioners, namely: Jamabandi No. 3967A in the name of the father of petitioner nos. 1 and 2, Jamabandi No. 22 in the name of the father of petitioner no. 2, Jamabandi No. 3966A in the name of petitioner no. 3, and Jamabandi No. 4296A in the name of petitioner no. 4. The petitioners have been regularly paying land revenue up to the year 2025–26. The Government identified the petitioners’ land for construction of Dumariyaghat Police Station, and an enquiry report was prepared by the Circle Officer on 15.10.2025. Prior thereto, a proposal bearing No. 2/2025–26 had already been prepared by Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026 4/5 the Circle Officer, Khesariya on 15.02.2025. And on the basis of the said proposal, the Additional Collector-cum-Additional District Magistrate, East Champaran, Motihari initiated Land Cancellation Case No. 151/2025–26 on 21.11.2025 against the petitioners for cancellation of mutation. The petitioners became raiyats by virtue of the provisions of the Bihar Tenancy Act on 21.03.2005 and, since then the petitioners have been in continuous, peaceful possession of the land. The impugned proceeding for cancellation of mutation has been initiated on flimsy and untenable grounds with an intention to disturb the lawful possession and rights of the petitioners. 4. Considering the relief as prayed for in the present writ petition, the Additional Collector, East Champaran, Motihari is directed to consider to pass order expeditiously in accordance with the direction contained in Resolution No.925 dated 11.11.2014 and the subsequent clarification made by the State Government from time to time in view of the fact that the petitioners have claimed that they are the title holder of the said land, which upon analysis made by DCLR has been declared as raiyati land. A reasoned order holding the land in question to be a rayati land has been passed by the DCLR, East Champaran, Motihari in Bataiyadar Case No.210,219,220,232,236,245 and Patna High Court CWJC No.2265 of 2026(2) dt.12-02-2026 5/5 246 of 1975-76 in exercise of power conferred under Section 48(E) of the Bihar Tenancy Act. 5. The writ petition is, accordingly, disposed of. Sanjay/- (Purnendu Singh, J) U