The High Court disposed of a writ petition challenging the cancellation of Jamabandi entries. The court held that the petitioner has an efficacious statutory remedy of appeal under the Bihar Land Mutation Act, 2011, which was not exhausted.
Writ petition dismissed with liberty to prefer an appeal before the Collector, Darbhanga within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14586 of 2024
======================================================
Vinay Kumar @ Binay Kumar S/o Rajaram Mahaseth Resident of VillageChatwan, P.S.-Keoti, District-Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Petitioner/s : Mr. Amarendra Narayan, Adv. For the Respondent/s : Mr. Arvind Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 23-09-2024
Heard Mr. Amarendra Narayan, learned Advocate for
Patna High Court CWJC No.14586 of 2024 dt.23-09-2024 2/3
the petitioner and Mr. Arvind Kumar Singh, learned Advocate for the State.
“That this petition is being filed for issuance of writ of certiorari or writ of any appropriate nature, order or direction quashing order dated 10.08.2024 passed by the Additional Collector Darbhanga (respdt no. 3) in Jamabandi cancellation case no. 155/2023-24 (Tajmun Nisha & ors vs. State of Bihar & ors.) whereby and where- under the Jamabandi no. 335 (created in the name of Raghvendra Kumar from Jamabandi no. 206) and other Jamabandi in Bhag Vartman 90 page no. 63 (created from Jamabandi no. 335); and Jamabandi no. 42 and other Jamabandi copped up from Jamabandi no. 42 was cancelled and order was sent vide memo no.643 dt.10.08.2024 to the Anchal Adhikari Sadar Darbhanga for implementation.”
Patna High Court CWJC No.14586 of 2024 dt.23-09-2024 3/3
the impugned order it appears that the claim of the petitioner was duly considered and thereafter the order came to be passed.
| (Harish Kumar, J) | ||
|---|---|---|
| Anjani/- | ||
| AFR/NAFR | ||
| CAV DATE | ||
| Uploading Date | 26.09.2024 | |
| Transmission Date |
3 issues framed by the court
Whether the writ petition is maintainable without exhausting the statutory remedy of appeal under Section 9(6) of the Bihar Land Mutation Act, 2011.
Whether the disputed question of fact ought to be determined by the Revenue Court at first instance.
What relief is available to the petitioner who has not exhausted statutory remedies.
3 provisions across 3 enactments
Vinay Kumar @ Binay Kumar
State of Bihar
The Collector, Darbhanga
The Additional Collector Darbhanga
The Deputy Collector Land Reforms, Darbhanga
Anchal Adhikari, Sadar Darbhanga
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
