Sushma Devi @ Sushma Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sushma Devi @ Sushma Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether writs of certiorari lie to set aside the four revenue orders dated 26.04.2013, 10/02/2023, 30.05.2023 and 13.01.2025 relating to correction, revision and cancellation of jamabandi entries at Village Garkha (Saran). +2 more

Ratio / Principle

Non-compliance with the peremptory order of 12.01.2026 directing removal of defects within three weeks caused the writ petition to stand dismissed on 02.02.2026.

Key takeaways

On 20-07-2026, having heard the parties, the court perused the file and consigned it; the petition therefore stands dismissed as of 02.02.2026 and no prayer in the writ application was adjudicated on the merits.ratio¶¶45

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.21033 of 2025 (oral order dated 20-07-2026, Rajiv Roy, J). The petitioner, widow of Late Upendra Nath Pandey, had sought writs of certiorari against four revenue orders concerning jamabandi at Village Garkha, Saran: dated 26.04.2013 in Jamabandi Sudhar Appeal Vaad No. 12/1998 (Ld. Additional Collector, Saran); dated 10/02/2023 in Jamabandi Correction Revision No. 70/2017 (Commissioner, Saran); dated 30.05.2023 in Jamabandi Sudhar Vaad Sankhya06/2013 (District Collector, Saran); and dated 13.01.2025 in Jamabandi Cancellation Vaad Sankhya -06/2013 (District Collector, Saran). She further sought declarations that the orders dated 16/06/1998 (Deputy Collector, Land and Revenue, Saran) and 02.05.2017 (Collector, Saran, in Jamabandi Sudhar Appeal No.06/2013) were correct, pleading that jamabandi created long back can be cancelled only through the Civil Court and not in summary revenue proceedings, and prayed for restoration of Jamabandi No. 116 at Village Garkha in the name of her ancestor Damodar Pandey. On 12.01.2026 the court gave a peremptory direction to remove defects within three weeks; on non-compliance the petition stood dismissed on 02.02.2026. The present order merely records that the parties were heard, the file was perused and consigned. No statute or precedent is discussed, and no issue on the merits was adjudicated.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21033 of 2025

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

Sushma Devi @ Sushma Pandey Wife of Late Upendra Nath Pandey, Resident of Villag-e Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code- 841311.

... ... Petitioner/s

Versus

The State of Bihar through the Learned Commissioner, Saran Devision, Saran.

The Commissioner, Saran Devision, Chhapra.

The Collector, Saran, Chhapra.

The Deputy Collector, Land Revenue, Saran, Chhapra.

The Circle Officer, Garkha Circle, Saran, Chhapra.

Bhupendra Kumar Pandey, Son of Late Shambhu Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Harendra Kumar Pandey, Son of Late Shambhu Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Arbind Kumar Pandey, Son of Late Shambhu Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Amrendra Kumar Sonu, Son of Late Shambhu Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Narendra Nath Pandey, Son of Late Dudh Nath Pandey, Resident of VillageGarkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code- 841311.

Shivendra Nath Pandey, Son of Late Dudh Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Shashi Kumar Pandey, Son of Late Dudh Nath Pandey, Resident of VillageGarkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code- 841311.

Vikash Kumar Pandey, Son of Late Upendra Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Kunal Kishor, Son of Late Upendra Nath Pandey, Resident of VillageGarkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code- 841311.

Smt. Kavita Pandey, Daughter of Late Dudh Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Smt. Vinita Pandey, Daughter of Late Dudh Nath Pandey, Resident of Village- Garkha, P.O.- Garkha, P.S.- Garkha, District- Saran, Pin Code841311.

Patna High Court CWJC No.21033 of 2025(3) dt.20-07-2026 2/4

Mrs. Chandra Prabha Pandey, W/o Late Amarnath Pandey, Resident of B- 102, Rosewood Apartment, Mayur Vihar Phase- 1 Extension, Delhi- 110091.

Mrs. Abha Pandey, W/o Dr. V.K. Pandey, R/o- Jeevan Jyoti Nursing Home, Buddha Colony, Patna- 800001.

Mrs. Vibha Pandey, W/o- Dr. Prakash Pandey, R/o- Sector 1 V B, B.S. City, Bokaro- 827001.

Mr. Alok Kumar, S/o Late Amarnath Pandey, R/o- B, 102 Rosewood Apartment, Mayur Vihar Phase- 1 Extension, Delhi- 110091.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Madhukar Mohan, Advocate For the State : Mr. Government Pleader (22) : Mr. Rakesh Ranjan, AC to GP-22 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 20-07-2026 Heard the parties.

The present petition has been preferred for the grant of following relief(s):

“(i) for issuance of Writ of Certiorari for setting aside the order dated 26.04.2013, passed in Jamabandi Sudhar Appeal Vaad No. 12/1998 by the Court of Ld. Additional Collector, Saran.

(ii) for issuance of Writ of Certiorari for setting aside the order dated 10/02/2023 passed in Jamabandi Correction Revision No. 70/2017 by the Court of Learned Commissioner, Saran.

(iii) for issuance of Writ of Certiorari for Setting aside the order dated 30.05.2023,

Patna High Court CWJC No.21033 of 2025(3) dt.20-07-2026 3/4

Passed in Jamabandi Sudhar Vaad Sankhya06/2013 by the Court of Learned District Collector, Saran.

(iv) for issuance of Writ of Certiorari setting aside the order dated 13.01.2025 passed by the Court of Learned. District Collector, Saran in Jamabandi Cancellation Vaad Sankhya -06/2013.

(v) for issuance of declaration that order passed by authorities against which relief has been sought in clause (i) to (iv) of this Paragraph are against the established Principal of law.

(vi) for issuance of declaration that the order dated 16/06/1998 , passed by the Court of Learned Deputy Collector for Land and Revenue, Saran and order dated 02.05.2017 passed by Learned Collector, Saran in Jamabandi Sudhar Appeal No.06/2013 are correct as it is based on well settled principal of law that Jamabandi which were created long back, then the only forum available for prayer

Patna High Court CWJC No.21033 of 2025(3) dt.20-07-2026 4/4

for cancellation of Jamabandi is resort to Civil Court and not in a summary Proceeding by any revenue officer of the State.

(vii) for issuance of Writ of Mandamus to direct the Respondent No. 1 to 5 to take appropriate steps to restore the Jamabandi No. 116 at Village - Garkha P. O +P. S-Saran, which was on the name of Damodar Pandey who is ancestor of the Present Petitioner about which full descriptions are given in the following Paragraphs of this Writ Application.”

In this case on 12.01.2026, direction was given to remove the defects in three weeks.

As it was a peremptory order and not complied, it stood dismissed on 02.02.2026.

Perused the file, consigned.

(Rajiv Roy, J)

vinayak/-

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