IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2008 of 2026 ======================================================

1. Devki Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara, P.S.-

Ara, Nawada, District-Bhojpur, Bihar.

2. Ayodhya Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara, P.S.-Ara, Nawada, District-Bhojpur, Bihar.

3. Bhagwati Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara, P.S.-Ara, Nawada, District-Bhojpur, Bihar.

4. Rajendra Singh son of Late Hargovind Ahir, resident of K.G. Road, Ara, P.S.-Ara, Nawada, District-Bhojpur, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar.

2. The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar.

3. The Collector, Bhojpur at Ara, Bihar.

4. The Additional Collector, Bhojpur at Ara, Bihar.

5. The Circle Officer, Ara, Bihar.

6. Ashim Sundar Das son of Late Ajit Sundra Das, permanent resident of Mohalla - Mahajan Toli No. 1, Arrah, P.S. Arrah Town, District - Bhojpur.

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

Appearance :

For the Petitioner/s : Mr.Bimal Kumar, Advocate For the Respondent/s : Mr.Gautam Kumar Yadav, AC to GP(26)

For the Resp. No.6 : Mr.Chandrakant, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 09-02-2026 Heard Mr. Bimal Kumar, learned counsel appearing on behalf of the petitioners; Mr. Gautam Kumar Yadav, learned AC to GP(26) for the State and Mr. Chandrakant, learned counsel for the respondent no.6.

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

“(i) To issue an appropriate order/direction in the nature of certiorari for quashing the order dated 29.12.2025 passed by the Learned Additional Collector, Bhojpur at Ara in Mutation Cancellation Case No.- 25/2025-26 by which the mutation created in favour of the petitioners bearing Jamabandi no. 75 against Old Khata No. 05, Old Khesra No. 26, 27 & 28 has been cancelled (Annexure-P/10, Pg.-66).

(ii) To issue an appropriate order/direction in the nature of mandamus commanding the respondent authorities to restore the Jamabandi no. 75 in favour of the writ petitioners in the rent records of the lands bearing Old Khata No. 05, Old Khesra No. 26, 27 & 28.

(iii) To issue an appropriate order/direction in the nature of mandamus commanding the respondent authorities not to give effect the order dated 29.12.2025 or to create any third party right in favour of the private respondent no. 6.

(iv) To issue any other relief for which the petitioners are entitled for.”

3. Brief facts of the case are that the land bearing Old Khata No. 5, Old Khesra Nos. 26 (5 decimals), 27 (45 decimals) and 28 (24.5 decimals) situated at Mauza–Nawada, Town–Arrah was purchased by Late Hargovind Ahir, father of the writ petitioners, from the recorded raiyat Indradev Pathak by a registered sale deed dated 23.08.1929 (Deed No. 5691), preceded by payment of consideration through Mahadanamas dated 03.07.1922, 12.09.1924 and 21.06.1927. After purchase of the said land, Late Hargovind Ahir remained in peaceful, uninterrupted possession, duly recognized by the revenue authorities. Rent receipts were issued from 1929 onwards and Jamabandi No. 75 stood in his name since 1957. After his death in 1982, the Jamabandi was mutated in the year 1985 in favour of his four sons bearing Jamabandi No. 75/5, and rent receipts have continuously been issued in their favour till 2025. In 2025– 26, private respondent No. 6, Bibhuti Kumar Jain, filed Jamabandi Cancellation Case No. 25/2025–26 claiming title through alleged transfers originating from Bindeshwari Pathak. The petitioners contested the claim, relying on the 1929 sale deed, registry index entries, rent receipts, possession certificate dat