The court emphasizes the need for proper verification of land ownership claims and the authority's responsibility in resolving disputes in accordance with the law.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 10-02-2026 Heard Mr. Bimal Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Piyush Kumar Pandey, learned AC to SC 11 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

“(I) For issuance of a writ in the nature of mandamus thereby commanding, directing or ordering the respondents to restore the possession of the Khatiani raiyati land of the petitioner upon which the Panchayat Mukhiya with the help of villagers by creating a violent mob constructed and casted an R.C.C. road upon the Bari land of the petitioner. The description of the land is as follows:- C.S. Khata 19, C.S. Plot No.1950 and corresponding to R.S. Khata 58, R.S. Plot No.3323 area 14 dismal and C.S. Plot No3323 area 14 dismal and C.S. Plot No.1951 and corresponding to R.S. Plot No.3324 area 2 dismal.

(ii) Any other order which this Hon’ble Court may deem fit and proper in the given facts and circumstances may kindly be passed.”

3. Learned counsel appearing on behalf of the petitioner submitted that one Ram Sahay Jha (grandfather of petitioner) was survived by four sons, namely, late Jay Kant Jha, late Rama Kant Jha, late Indra Narayan Jha and late Banke Bihari Jha. The following land, i.e.., C. S. Khata No.19, Plot No.1950 area 3 Katha 13 dhur and plot no.1951 area 9 dhur, total area 4 katha 2 dhur was family property of the aforesaid late Ram Sahay Jha. During the course of the revisional survey, the land in question appertaining to Khata No. 19 was renumbered as R.S. Khata No. 58, and the aforesaid C.S. Plot No. 1950 was assigned a new number, bearing R.S. Plot No. 3323, measuring an area of 14 decimals, while C.S. Plot No. 1951 was renumbered as R.S. Plot No. 3324, measuring an area of 2 decimals and the nature of the land mentioned as bari. The jamabandi of the said land was running in the name of uncle of the petitioner, namely, late Jay Kant Jha. After family settlement, the aforesaid land came in the share of late Indra Narayan Jha (father of the petitioner), who was survived by three sons, Sri Krishna Chandra Jha, Sri Shyam Chandra Jha and Ghanshyam Jha (petitioner) and the aforesaid land is in their joint possession.

4. Learned counsel further informs that the Mukhiya of the Gram Panchayat, Thengaha with the help of villagers by creating a violent mob constructed R.C.C. road upon the Bari land of the petitioner without the consent of the petitioner. The petitioner has further informed that in this regard, he has already filed representation before all the concerned authorities, like, Circle Officer, Block Development Officer, SHO. Petitioner has also filed representation before the District Magistrate, Darbhanga on 25.08.2025 against the illegal action of the Mukhiya of the Gram Panchayat and the Panchayat Secretary who have forcibly encroached the bari (kitchen garden) of the petitioner but till date, the District Magistrate has not taken any action.

5. Considering the nature of the relief prayed for in the present writ petition with the consent of the parties, it is being disposed of at the stage of Admission.

6. The writ petitioner has claimed that though the jamabandi is in the name of late uncle of the petitioner, but as per the family settlement, now the same falls in the share of the petitioner and his brothers.

7. The record reveals that the petitioner has already availed remedy by filing representation before the District Magistrate. The District Magistrate is directed to call upon all the affected persons including the legal heirs of his uncle, late Jay Kant Jha and the revenue records relating to above- mentioned land in question from the Circle Office and examine that in whose favour, the jamabandi has been created and upon due verification, if he finds that the