IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3731 of 2022 ======================================================

Pawan Singh @ Paban Singh S/o Late Mishri Singh Resident of Village-

Rajauna Chauki, P.O.-Balguddar, P.S.-and District-Lakhisarai.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secreary Revanue and Land Reforms, New Secretariat, Patna.

2. The District Magistrate, Lakhisarai, District-Lakhisarai

3. The, Additional Collector, Lakhisarai

4. The, L.R.D.C. Lakhisarai, District-Lakhisarai

5. The, Circle Officer, Lakhisarai, District-Lakhisarai ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Mr. Shashank Kashyap, Advocate Ms. Sheshadri Kumari, Advocate Ms. Ishiqua Raj, Advocate For the Respondent/s : Mr. Sajid Salim Khan, Sr. Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 02-02-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel appearing on behalf of the petitioner and Mr. Sajid Salim Khan, learned senior counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

"(i) For issuance of writ in the nature of command directing the respondent to hold that entire process of initiating of Jamabandi Cancellation Case No. 21 of 2019 and further proceeding is band in law and is abuse of process of law.

(ii) For issuance of writ in the nature of Command directing the respondent particularly Collector, Lakhisarai to heard and disposed of the Jamabandi Cancellation Appeal No. 17/2021 within time fixed and also to disposed of stay petition filed in said appeal forthwith.

(iii) For issuance of writ in the nature of command directing the respondents authorities to not disturb the petitioner during pendency of the writ petitioner and also direct them to maintain status quo till final disposal of this writ petition.

(iv) For any other writ/writs, order/orders for which petitioner deemed entitled to."

3. The brief facts of the case is that the dispute concerns land situated at Mauza Chauki, Tauzi No. 3688, Thana No. 141, Khata No. 111, Survey Plot No. 598, measuring 1.225 acres, Anchal Lakhisarai, District Lakhisarai, for which Jamabandi No. 77 stood in the name of the petitioner’s ancestor. The petitioner asserts that the land was orally settled in 1943 by the then ex-landlord in favour of his grandfather, Bishwanath Singh, followed by issuance of a Hukumnama and recognition of his raiyati rights at the time of vesting, whereafter Jamabandi was created, his name recorded in Register-II, and rent paid to the State continuously. Upon his death, the property devolved upon his sons, and ultimately upon the present petitioner, who claims to remain in cultivating possession and to have paid rent up to 2020–21. The controversy arose when, in 2019, a Jamabandi Cancellation Case No. 21/2019 was initiated on the recommendation of the Circle Officer, culminating in an order dated 29.02.2020 passed by the Additional Collector, Lakhisarai, cancelling the long-standing Jamabandi in a summary proceeding, which the petitioner contends is contrary to settled law. The petitioner preferred Jamabandi Cancellation Appeal No. 17/2021 before the Collector, Lakhisarai, which remains pending along with an application for stay, while alleging that during pendency of the appeal the authorities have been interfering with the land and damaging his crops. Aggrieved by the cancellation order and the alleged coercive action of the authorities despite pendency of the statutory appeal, the petitioner has approached this Court.

4. The District Magistrate in support of his order dated 26.08.2022, has made statement in paragraph no. 7 of the counter affidavit duly sworn by him as follows:

"7. That thereafter the petitioner has preferr