Pradeep Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2758 of 2025

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Pradeep Kumar Son of Rajeshwar Prasad Singh, Resident of MohallaMiscot, P.S.- Town Motihari, District- East Champaran at present residing at Flat No.-403, C Block Puja Niwas Apartment, Pani Tanki More, Mahesh Nagar, Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through Additional Chief Secretary Dept. of Revenue and Land Reforms, Govt. of Bihar.

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The Collector, East Champaran.

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The Additional Collector, (Revenue), East Champaran, Motihari.

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The Deputy Collector Land Reforms, Sadar Motihari, District- East Champaran.

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The Circle Officer, Motihari, East Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Rananjay Kumar, Advocate Mr. Asif Kalim, Advocate Mr. Wasi Akhtar, Advocate For the Respondent/s : Mr. Muztabaul Haque (GP-12) Mr. Pranoy Kumar, (AC to GP-12) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 25-02-2025 Heard Learned Counsel for the petitioner and Learned

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Counsel for the State.

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The present writ petition has been filed for the following relief/s:-

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“I. For setting aside the notice dated 09.01.2025 issued in connection with Jamabandi Cancellation Case No.100/2024-25 (annexed as AnnexureP/8) issued by the Additional Collector, East Champaran, Motihari whereby petitioner and others were asked to show cause as to why the Jamabandi running in the name of petitioner i.e.

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Patna High Court CWJC No.2758 of 2025(2) dt.25-02-2025 2/6

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Jamabandi No.1341 with respect of Land pertaining to Mauza Belbanwa, Thana No.167, Khata No.199, Khesra No.859 area 0.87 dismil is not be cancelled.

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II. For staying the further proceeding of the Jamabandi Cancellation Case No.100/2024-25 pending before the Additional Collector, East Champaran. III. For any other relief/s for which the petitioner is entitled in the opinion of this Hon’ble High Court.”

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Learned Counsel for the petitioner submits that the land which is the subject matter of the present case for which jamabandi has been created in the year 1936 in the name of the petitioner’s vendor. Counsel submits that vendor of the petitioner has acquired this land by virtue of family partition. But subsequently, heirs of the original owner of this land has sold this property to the petitioner by virtue of registered sale deed in the year 2003 and thereafter, jamabandi has been created in the name of the petitioner. Counsel further submits that the petitioner become surprised to receive notice which has been issued by the Additional Collector, East Champaran, Motihari dated 09.01.2025 in which proceeding for initiation of cancellation of jamabandi has been informed. Counsel submits

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Patna High Court CWJC No.2758 of 2025(2) dt.25-02-2025 3/6

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that from the contents of the notice, it become crystal clear that there is a gross absence of any prima-facie opinion which he required to disclose in the light of Rule 13(3) of the Bihar Land Mutation Rules, 2012. Counsel further submits that there are series of decisions in support of this contention that at the time of issuance of notice of jamabandi cancellation case, the primafacie opinion should be there. In support of his argument, Counsel relied on a judgment dated 28.01.2025 passed by this Court in Civil Writ Jurisdiction Case No.962 of 2025 (Shambhu Singh Vs. The State of Bihar & Ors.). The extract of the notice is as follows:-

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Patna High Court CWJC No.2758 of 2025(2) dt.25-02-2025 4/6

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Learned Counsel for the State on the other hand submits that time may be granted to file a counter affidavit in this matter.

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In the view of the Court, only scrutiny is the notice which is Annexure-P/8, therefore, this Court is of the opinion that filing counter affidavit shall unnecessarily delay the time and elongate the litigation, as the only legal point which has to be scrutinized that whether notice fulfills the ingredients of Rule 13(3) of the Bihar Land Mutation Rules, 2012 or not. This Court with a view to reach on the conclusion hereby quotes the said Rule 13(3) of the Bihar Land Mutation Rules, 2012 which states as follows:-

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“The Additional Collector on receipt of a petition in Form-XV for the cancellation of jamabandi or on reference from an authorised representative of the Government Department having an interest in the land or a part thereof or suo motu, if he is satisfied that there is sufficient evidence that the jamabandi has been created in violation of any law or in contravention of an executive instruction, shall initiate proceeding for the cancellation of the jamabandi by issuing general notice in Form-XVI

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Patna High Court CWJC No.2758 of 2025(2) dt.25-02-2025 5/6

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inviting objections from the public of the locality and specific notices in FormXVII to persons having interest in the land and the part thereof including inter alia the persons having jamabandi of the land in question.”

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The judgment dated 28.01.2025 decided in C.W.J.C. No. 962 of 2025 where series of decisions have been quoted on this point that no ground has been mentioned in the notice as to why jamabandi cancellation proceeding has been initiated against the petitioner. From the bare perusal of the notice mentioned above, it become crystal clear that there was nothing to show that prima-facie opinion of the Additional Collector has been reflected in the said notice. The said notice also not clarifies as to which law has been violated and which instruction has been contraband while creating jamabandi in favour of the petitioner. The said notice does not reflect any specific opinion and same is vague, cryptic and does not reveals the ground on which proceeding for cancellation of jamabandi has been initiated against the petitioner. And, it cannot be said to be issued in conformity with the provisions contained in section 9(1) of the Bihar Land Mutation Act, 2011 (Act No. 23 of 2011) as well as Rule 13(3) of the Bihar Land Mutation Rules, 2012,

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Patna High Court CWJC No.2758 of 2025(2) dt.25-02-2025 6/6

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and therefore, the same is liable to be set aside. Hence, notice dated 09.01.2025 issued in connection with Jamabandi Cancellation Case No.100/2024-25 (annexed as Annexure-P/8) is hereby set aside.

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The Additional Collector, East Champaran, Motihari (Respondent no.3) is free to issue fresh notice incorporating all the details of the land that it wants from the petitioner in compliance of section 9(1) of the Bihar Land Mutation Act, 2011 (Act No. 23 of 2011) as well as Rule 13(3) of the Bihar Land Mutation Rules, 2012.

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Accordingly with the aforesaid observations, this writ petition stands disposed off.

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(Dr. Anshuman, J)

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Divyansh/-

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U

Pradeep Kumar v. The State of Bihar

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Pradeep Kumar v. The State of Bihar

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