Krishna Kant Jha Vs The State of Bihar

The present writ petition has been filed for directing the respondents authority not to disturb the raiyati land of the petitioner which has been purchased by his father namely, Bhola Jha on 29.03.1963 from its rightful owner after paying the consideration amount appertaining to Tauzi No.526, Thana No.87, old Khata No.184, new Khata No.302/06, old Khesra No.1216, new Khesra No.2541, area 06 Kathha 4 dhurs of Mauza-Chakbharo, Tola- Ekparha, Anchal+P.S.- Simri Bakhtiyarpur, District- Saharsa.

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Learned Counsel for the petitioner submits that

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Patna High Court CWJC No.3353 of 2025(2) dt.04-03-2025 2/3

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admittedly, the Jamabandi No.671 has been running in the name of petitioner’s father namely, Bhola Jha. But, there is an apprehension of forcefully dispossession of the land in question as the District Magistrate-cum-Collector, Saharsa vide order contained in Memo No.2212-2 dated 23.08.2024 (annexed as Annexure-P/3) has directed to construct the Panchayat Sarkar Bhawan on the above said land. Counsel submits that from the said Annexure-P/3, it has been clearly held by the District Magistrate-cum-Collector, Saharsa that the Jamabandi of the said plot is running bearing Jamabandi no.671 in the name of petitioner’s father, but even then, he has directed to construct the Panchayat Sarkar Bhawan on the said land.

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Learned Counsel for the State submits that the petitioner has no case due to the reason that petitioner is relying on Annexure-P/3 in which the order has been passed by the District Magistrate-cum-Collector, Saharsa that the land in question has been shown as Gair mazarua Bihar Sarkar . Counsel submits that the land is recorded under the category of Gair mazarua Bihar Sarkar and therefore, petitioner has no case at all.

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After going through the pleadings and hearing the argument of the parties, it transpires to this Court that from the

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Patna High Court CWJC No.3353 of 2025(2) dt.04-03-2025 3/3

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impugned order which is Annexure-P/3, the proposal for cancellation of jamabandi has been recommended against the present petitioner for the land in question. Therefore, jamabandi is running in the name of petitioner’s father and proposal for cancellation of the same is still pending and no final decision has been taken.

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As such, this Court is of the firm view that the District Magistrate-cum-Collector, Saharsa cannot proceed without passing final order in jamabandi cancellation case. Hence, this writ petition is hereby allowed. District Magistratecum-Collector, Saharsa (Respondent no.4) is directed to take decision only after considering this aspect that the status quo as maintained shall continue and Respondent no.4 shall pass a fresh order considering the documents of the petitioner, and then only the applicability of the Memo No.2212-2 dated 23.08.2024 (annexed as Annexure-P/3) shall arise.

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It is made clear that the entire exercise shall be

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done by the District Magistrate-cum-Collector, Saharsa within 90 days from the date of production of this order.

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(Dr. Anshuman, J)

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Divyansh/-

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U

Krishna Kant Jha v. The State of Bihar

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Krishna Kant Jha v. The State of Bihar

Case brief

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