IMPORTANT POINT
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.

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, Araria in Jamabandi Appeal Case No. 51/2023 wherein and whereby the Petitioners' appeal has arbitrarily, and illegally been dismissed.

1.4. For issuance of writ in the nature of mandamus directing the Respondent Authorities to restore Jamabandi No. 5299 in the name of the Petitioners.

1.5. For issuance of writ in the nature of mandamus staying the operation, implementation, and execution of the Order dated 23/09/2025 passed by the Collector, Araria in Jamabandi Appeal Case No. 51/2023 & Order dated 20/06/2023 passed by the Additional Collector, Araria in Jamabandi Cancellation Case No. 264/2022 during pendency of the writ application.

1.6. For any other relief or reliefs for which the Petitioners may be deemed entitled to in the facts and circumstances of the case.

3. Brief facts of the case are that the property in question bearing Khata No.1487, Khesra nos.1501, 1502, measuring an area of 58 decimals and 26 decimals, total 84 decimals, situated at Mauja Rampur, Anchal Forbesganj was originally purchased on 18.06.1973 by late Bhuvneshwar Prasad Choudhary, grandfather of petitioner Nos. 01 to 03 and father of Petitioner No. 04, vide Sale Deed No. 3261. Subsequently, he executed a registered Gift Deed No. 7446 dated 27.11.1995 in favour of his eldest daughter-in-law, late Laxmi Devi (mother of Petitioner Nos. 01 to 03 and wife of Petitioner No. 04), conveying 42 decimals out of the total 84 decimals. On the basis of the said Gift Deed, Jamabandi No. 5299 was opened in the name of late Laxmi Devi. Rent was fixed by the authorities and the petitioners have remained in peaceful possession for nearly three decades, having constructed a residential house, shops, and installed a mobile tower with electricity connection. Dispute arose when Respondent No. 09 (sister of Petitioner No. 04 and paternal aunt of Petitioner Nos. 01 to 03), along with Respondent No. 10, began claiming an illegal share by threatening the petitioners and thereafter filed Title Suit No. 121/2018 before the Court of Sub-Judge I, Araria, seeking partition in the said property.

4. Learned counsel appearing on behalf of the petitioners submitted that so far as jamabandi No.5299 which is standing in the name of late Lakshmi Devi, mother of petitioners no.1, 2 and 3 and wife of petitioner no.4 is concerned, the same was gifted by father-in-law of late Lakshmi Devi, namely, late Bhuneshwar Prasad Choudhay, grand-father of petitioners no.1, 2 and 3 and father of petitioner no.4, by a registered gift deed no.7446 dated 27.11.1995, out of which title suit no.121 of 2018 was filed by respondent no.9, namely, Sumitra Devi D/o late Bhuneshwar Prasad Choudhay and sister- in-law of late Lakshmi Devi, seeking partition. However, the application filed for cancellation of jamabandi before the Additional Collector