Under welfare schemes, land inheritance rights require verification of the heirs' current status as landless persons.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 31-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned counsel for the State.

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

“(i) For issuance of an appropriate writ, order or direction for quashing the order dated 25.09.2025 in Cancellation Case No. 28/2025-26 by the respondent Additional Collector, Kishanganj against one Biranchi Nuniya (A Dead Person) initiating a Jamabandi cancellation proceeding without impleading his legal heirs in the Jamabandi Cancellation Case and also for quashing the entire consequential proceeding of the aforesaid case.

(ii) For issuance of an appropriate writ, order on direction for grant of ad-interim stay of the entire proceeding of Jamabandi Cancellation Case No. 28 of 2025-26 pending before the respondent Additional Collector, during pendency of this writ petition. (iii) For issuance of an appropriate writ, order or direction restraining the respondent authorities from interfering in the peaceful possession and occupation of the petitioners and others legal heirs of settlee by initiating a quite vexatious cancellation proceeding in garb of a regular title suit through a summary proceeding.

(iv) For issuance of an appropriate writ, order or direction restraining the respondent authorities from demolishing the petitioners' house and the house of other legal representatives of the deceased settlee in the name of operation Dakhal Dehani during the pendency of this writ petition.

(v) For issuance of an appropriate writ, order or direction for grant of any other relief or relief which may deem fit and proper in the facts and circumstances of the case.”

3. Learned counsel appearing on behalf of the petitioners submitted that the father of the petitioners was allotted a piece of land over which they have constructed a Pakka house and now the Additional Collector on the basis of the report of the Circle Officer, Dighalbank, Kishanganj has initiated a Jamabandi cancellation proceeding being Case No. 28/2025-2026 after death of the father of the petitioners in respect of the land settled in the name of the father of the petitioners who was a landless person. Learned counsel further submitted that in due course of time, the petitioners’ right has crystallized and their right over the property over which they have a residential house. Learned counsel submitted that if the Jamabandi is cancelled, the petitioners who are residing in the house, they will be forced to vacate it and to protect their right, interference of this Court is required. Learned counsel has also relied upon the judgment passed by this Court in C.W.J.C. No. 16494 of 2018 ( Ramowtar Lakhotia Vs. The State of Bihar &

Ors.).

4. Per contra, learned counsel appearing on behalf of the State submitted that the judgment dated 10.04.2024 passed in C.W.J.C. No. 16494 of 2018 is not of any benefit to the petitioners as the said case is related to Jamabandi over which the petitioner / appellant of the said case had claimed their right and title on the basis of the Khatiyani Raiyat. The Division Bench had striked down the impugned Section 9 (1) of the Bihar Land Mutation Act, 2011 to the extent it confers power upon the Additional Collector “to dispossess the person whose Jamabandi has been cancelled and to put in possession the legitimate owner/custodian of such land on such terms as may appear to be fair and equitable”. Learned counsel further submitted that corresponding Rules 13(11) and 13(12) of the Bihar Land Mutation Rules, 2012 has also been held ultra vires Article 300