The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 12-01-2026 Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and learned AC to Standing Counsel (08) for the State.

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

“1. That this is an application for issuance of appropriate writ(s), order(s), direction(s) for quashing the Order dated 27.09.2025 passed in Jamabandi Cancellation Case No. 313 of 2025- 24 (State through Circle Officer, Maker Versus Prabhunath Singh) by the Additional Collector, Saran at Chapra (Respondent No. 5) [Annexure- P-15] whereby and where under the said respondent cancelled the long standing Jamabandi No. 876 of the petitioner which is running in the name of his father namely Mahendra Singh son of Anant Singh relating to subject land pertaining in Khata No. 583, Khesra No. 26, admeasuring in Area of 01 Bigha, 06 Katha 18 dhur and Khesra No. 10 admeasuring in Area of 8 Bigha 01 Katha 12 Dhur situated under Revenue Mauza Kaituka Lachhi, Thana No. 240 in Revenue Circle, Maker in the District of Saran, the order of the respondent no. 5 is beyond the mandate of Hon'ble Court passed in a cases of Ramanandan Singh Vs. The State of Bihar , Jagarnath Jha Vs. the State of Bihar , Nathuni Singh and others Vs. the State of Bihar and others , Bhola Das Vs. State of Bihar , Ramnaresh Roy and others Vs. The State of Bihar and others and Ramowatar Lakhotia Vs. The State of Bihar and others as well as resolution of Department of Revenue and Land Reforms, Government of Bihar captioned in Memo No. 925 dated 11.11.2014: and any other writ(s), order(s), direction(s) to which the petitioners which may deem just proper and necessary in view of the facts and circumstances discussed herein under.”

3. Brief facts of the case are that the land in question was originally recorded in the Revisional Survey Khatiyan as Gairmazarua Malikan and Jarpesgidaran land under the ex- landlords, namely Kamlapati Banarji and others, Darmiyani Hakdar Sammilat, comprising R.S. Plot No. 10 measuring 8 Bigha 01 Katha 12 Dhur and R.S. Plot No. 26 measuring 01 Bigha 06 Katha 18 Dhur, both under Khata No. 543, the nature of land being recorded as Partikadin. The said land was subsequently settled by the ex-landlords of Amnaur Estate, namely Babu Har Madho Prasad Singh and Babu Beni Madho Prasad Singh, by way of Patta in the year 1938 (1346 Fasli) in favour of the petitioner’s grandfather, Late Bachu Narayan Singh, along with Mahender Singh, after due verification of possession, pursuant whereto the settlee remained in peaceful, continuous and uninterrupted possession, paid lagan to the ex- landlords, acquired the status of a raiyat, and Jamabandi No. 876 was opened in his name in the sirista of the ex-landlords, from whom the petitioner claims succession and lawful title. Learned counsel appearing on behalf of the petitioner submitted that the entire land in question was settled by Ex-landlord by way of Patta in favour of Grand father of the petitioner namely Late Bachu Narayan Singh and father of the petitioner namely Late Mahendra Singh in the year 1938 (1346 Fasli) after vesting of Zamindari, Jamabandi No.876 which was opened in the name of Ex-landlords and returns were filed by surviving legal heirs of Late Bachu Narayan Singh and Late Mahendra Singh. The petitioner is the descendant of Late Mahendra Singh and the Jamabandi is still in the name of the father (Late Mahendra Singh) of the petitioner. Learned counsel submitt