Jugal Kishore Prasad @ Jugal Prasad Sonar @ Jugal Prasad Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Jugal Kishore Prasad @ Jugal Prasad Sonar @ Jugal Prasad Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach respondent no.3, the Additional Collector, Siwan; no substantive relief on the prayer for cancellation of Jamabandi No. 19534 or restoration of Jamabandi No. 377 was granted in this writ petition.

Issue for consideration

Whether the respondents should be directed to cancel Jamabandi No. 19534 created wrongly in the name of Leela Kamakar on the basis of a doubtful and fraudulent khatiyan, with respect to the land of Tauzi No. 1474, Khata No. 1348, Survey No. 2656 (area 16 Kattha 13 dhur, Thana No. 231, Nirala Nagar, Siwan). +1 more

Ratio / Principle

On the strength of the counter affidavit of respondent nos. 3 to 4 indicating that the petitioner ought to have moved before the Additional Collector, Siwan under section 13 of the Mutation Act, the Court granted the petitioner liberty to approach the Additional Collector, Siwan (respondent no.3) and disposed of the writ petition.

Key takeaways

Granting liberty to the petitioner to approach respondent no.3, the Additional Collector, Siwan, the writ petition is disposed of.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Rajiv Roy), Civil Writ Jurisdiction Case No.23113 of 2018, oral order dated 18-11-2025. Petitioner Jugal Kishore Prasad @ Jugal Prasad Sonar prayed for writ directions to cancel Jamabandi No. 19534 standing in the name of Leela Kamakar over land of Tauzi No. 1474, Khata No. 1348, Survey No. 2656 (area 16 Kattha 13 dhur, Thana No. 231), Nirala Nagar, Siwan, said to have been created on a doubtful and fraudulent khatiyan, and to restore/maintain the jamabandi in his name, it having earlier stood as Jamabandi No. 377 in the name of his father Laxmi Ram Sonar. A counter affidavit on behalf of respondent nos. 3 to 4 (signed by the C.O., Siwan, Sadar) stated that the petitioner ought to have moved before the Additional Collector, Siwan under section 13 of the Mutation Act. In that background, granting liberty to the petitioner to approach respondent no.3, the Additional Collector, Siwan, the Court disposed of the writ petition. Single-judge order; no precedents cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23113 of 2018

======================================================

Jugal Kishore Prasad @ Jugal Prasad Sonar @ Jugal Prasad son of Late Laxmi Ram @ Laxmi Gold Smith resident of Mohalla- Magarwa Pipal Shanti Bat Briksh Station Road, Siwan, P.S.- Siwan Sadar, District -Siwan.

... ... Petitioner/s

Versus

The State Of Bihar

The District Magistrate-cum-Collector, Siwan.

The Additional Collector, Siwan.

The Anchaladhikari, Siwan Sadar, Siwan.

Braj Kishore Yadav through Power of Attorney Holder of Putul Devi, Son of Yamuna Prasad, resident of Gudri Hatha, P.S.- Siswan, District-Siwan.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr.Binod Kumar Mishra, Advocate For the Respondent/s : Mr.Dhurjati Kumar Prasad- Gp-14 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 18-11-2025 Heard the parties.

The present petition has been preferred for the

following relief/s:

(i) for issuance of an appropriate writ, order or direction, directing the respondents to take steps for cancellation of Jamabandi created wrongly in the name of Leela Kamakar on the basis of khatiyan which is doubtful and fraudulent vide Jamabandi No. 19534 with respect to the land of Tauzi No. 1474, Khata No. 1348, Survey No. 2656,

Patna High Court CWJC No.23113 of 2018(2) dt.18-11-2025 2/2

area 16 Kattha 13 dhur, Thana No. 231 situated of Nirala Nagar Siwan as it was maintained / standing in the name of father of the petitioner namely Laxmi Ram Sonar. Further direct the respondents to maintain in the name of the petitioner as it was causing as Jamabandi No. 377 in the name of petitioner's father;

(iii) and for any other relief/s for which the petitioner is found entitled in the facts and circumstances of the case.

A counter affidavit has come on behalf of the

respondent nos. 3 to 4 duly signed by the C.O., Siwan, Sadar according to which the petitioner ought to have moved before the Additional Collector, Siwan under section 13 of the Mutation Act.

In that background, granting liberty to the petitioner to approach the respondent no.3, the Additional Collector, Siwan, the writ petition is disposed of.

(Rajiv Roy, J)

Ravi/- U