Patna High Court
CWJC/10817/2026 of Dhiraj Kumar Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10817 of 2026 ====================================================== 1. Dhiraj Kumar Son of Sri Ramakant Kamat, resident of ward no.-8, village- Ratupar, Tajpur, P.O.- Tajpur, P.S.-Rudrapur, Distt.- Madhubani (Bihar). 2. Santosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10817 of 2026
======================================================
1.
Dhiraj Kumar Son of Sri Ramakant Kamat, resident of ward no.-8, village- Ratupar, Tajpur, P.O.- Tajpur, P.S.-Rudrapur, Distt.- Madhubani (Bihar).
2.
Santosh Kumar Choudhary, Son of Sri Rajkumar Choudhary, resident of ward no.-13, village- Pastan Navtoli, P.S.-Andhara Thari, Distt.- Madhubani (Bihar)
3.
Binay Kumar Jha Son of Sri Madan Jha, resident of village and Post- Mahrail, P.S.-Rudrapur, Anchal- Andhra Thari, Distt.-Madhubani (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector of the District, Madhubani
2.
The Collector of the District, Madhubani
3.
The District Collector Land Reforms (D.C.L.R) Jhanjharpur, Madhubani
4.
The Circle Officer, Jhanjharpur, Madhubani
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Shashi Nath Jha, Adv.
For the Respondent/s
:
Mr. Pramod Kumar Yadav, AC to SC-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
24-07-2026 Heard the parties.
2. The present application has been preferred for the following relief(s):
(i) directing the respondents- authorities especially the learned C.O. Jhanjharpur, Madhubani (Resp.no.-4) to mutate the lands in question in favour of each of the petitioner, as the petitioners are valid title - holders by virtue of the regd. sale deeds in their favour as contained in Annx- P/6 series hereto.
(ii) Quashing / setting aside the letters/orders dt. 11.06.2026 (Annx-P/8 Series) issued digitally by the learned C.O. Jhanjharpur, Madhubani (Resp. no.-4) whereby and whereunder the lands under mutation relating to all the petitioners have wrongly been held as "Gair Mazrua Aam " as per the C.S. Khatiyan (Annx-P/1), though the lands under mutation are out and out a raiyati land and the vendors of the petitioners are the recognized raiyats of the state of Bihar since several decades.
(iii) Directing the respondents- authorities especially the learned C.O. Jhanjharpur, Madhubani (Resp. no.-4) to create separate Jamabandi in favour of each of the petitioner hereto by deducting the lands purchased by them from one Jamabandi No.- 637, already running in the name of the deceased father of the vendors Late Babu Visheshwar Singh in the concerned Anchal.
(iv) Holding and declaring that that learned C.O. (Resp. no.-4) had no jurisdiction to disobey the order of the Learned DCLR as contained in Annx- P/ hereto and to take another adverse view contrary to the order already passed by the the Learned DCLR under BLDR Act, and thus to reject the mutation with respect to lands in question vide his impugned letters/
orders dt. 11.06.2026 (Annx-P/8 series) hereto.
(v) Holding and declaring that the whole actions of the learned C.O. while passing the impugned letters/orders dt. 11.06.2026 (Annx- P/8 Series) are illegal, unreasonable and in disobedience /already passed by the hereto, whereby the insubordination of the order & direction learned D.C.L.R. vide Annx- P/7 series Learned C.O. had been directed to mutate the lands in question in favour of each of the petitioner.
(vi) Granting any other relief/ reliefs for which the petitioners may be found entitled to.
3. After some argument, learned counsel for the petitioners submit that they shall be approaching the Deputy Collector Land Reforms, Jhanjharpur, Madhubani against the illegality committed by the Circle Officer, Jhanjharpur, Madhubani and the further prayer is that a time frame be given by which the disposal of the case takes place.
4. Learned counsel for the State on the other hand submits that if a proper petition is preferred, it will be taken to its logical conclusion at an earliest.
5. The averments have been recorded, if the petitioner prefers petition in next four weeks before the Deputy Collector Land Reforms, Jhanjharpur, Madhubani (respondent no. 3), he/she shall see to it that after noticing/hearing all the parties, the matter is taken to its logical conclusion at an earliest and preferably by 31st December, 2026.
6. The writ petition is disposed of.
Vijay Singh/- (Rajiv Roy, J) U