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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Vikash Kumar @ Vikash Kumar Choudhary @ Bikas Kr. Choudhary S/o Ravish Chandra Choudhary and late Lakshmi Devi – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. ownership and possession transfer details. (Para 2 , 3) |
| 2. petitioners' challenges against cancellation orders. (Para 4 , 5) |
| 3. state's stance on jurisdiction and authority. (Para 6 , 8) |
| 4. fraud in legal proceedings recognized. (Para 10 , 11) |
| 5. court's authority and available remedies. (Para 12 , 13 , 14) |
JUDGMENT :
Heard Mr. Ankit Katriar, learned counsel appearing on behalf of the petitioners and Mr. Krishna Kant Singh, learned counsel for the State.
2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
“1.1 For issuance of writ in the nature of certiorari to quash the Order dated 20/06/2023 passed by the Additional Collector, Araria in Jamabandi Cancellation Case No. 264/2022 wherein and whereby the application for cancellation of jamabandi filed on behalf of Respondent No. 08 has arbitrarily and illegally been allowed.
1.2. For issuance of a writ in the nature of certiorari to quash the consequential Order dated 25/05/2024 passed by the Circle Officer, Forbesganj in Mutation Case No. 5485/2023-24.
1.3. For issuance of writ in the nature of certiorari to quash the Order dated 23/09/2025 passed by the Collector, Arari
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.
The authority under the Bihar Right to Public Grievances Redressal Act, 2015 did not have the jurisdiction to cancel the long-standing Jamabandi in a summary proceeding and the cancellation violated ....
Long-standing Jamabandi cannot be annulled without proper jurisdiction; authorities cannot cancel orders made without lawful authority, as established in the Bihar Land Reforms Act, 1950.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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