IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7646 of 2025 ======================================================

Amar Nath Tiwary Son of Late Jitendra Nath Tiwary, resident of village Dighwara, Ward No. 19, Dighwara, District-Saran (Bihar) PIN-841207.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2. The District Magistrate, Saran.

3. The Circle Officer, Dariyapur, Saran.

4. The Secretary, Building Construction Department, Building Division, Chapra.

5. The Chief Engineer, Building Construction Department, Building Division, Chapra.

6. The Executive Engineer, Building Construction Department, Building Division, Chapra.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Kunal Tiwary, Advocate For the State : Mr. M.N.H. Khan, SC-1 Mrs. Babita Kumari, AC to SC-1 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 05-01-2026 Heard learned counsel for the parties concerned.

2. The claim of the petitioner is that the petitioner is the owner of piece of land having Khata No. 297, Khesra No. 34 admeasuring an area of 2 acre 42 decimals, upon which the respondents’ authorities are constructing Panchayat Bhawan without acquiring the land and without any consent from the petitioner.

3. Mr. Kunal Tiwary, learned counsel for the petitioner submits that the land in question is ancestral land of the petitioner and the Jamabandi in favour of the petitioner and his ancestor was created long back in 1940. However, the petitioner has annexed at Annexure-1 which is a copy of mutation receipt showing that Jamabandi was standing in the name of petitioner way back since 1963-64.

4. The contention is that after filing of the writ petition, a proceeding for cancellation of long standing Jamabandi has been initiated by the authorities vide notice dated 03.06.2025 which the petitioner has challenged by way of I.A. bearing I.A. No. 01 of 2025.

5. Considering the subsequent development and nature of prayer made in the I.A., the same is allowed. The statement made in the I.A., shall be taken as forming part of the writ petition.

6. Respondent State is directed to file detailed counter affidavit on the main writ application as well as on I.A. application.

7. Prima facie, it appears that Jamabandi is standing in the name of the petitioner since 1963-64, accordingly, till further order, no steps for construction of Panchayat Sarkar Bhawan shall be taken by the authorities on the subject land.

8. Put up this case after four weeks, i.e., on 05^th February, 2026.

(Anil Kumar Sinha, J)

Siwani/-

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