IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2265 of 2026 ======================================================

1. Shamshul Hoda Ansari Son of Late Alauddin Ansari, Resident of Village-

Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.

2. Javaud Ansari, Son of Late Akhtar Ali, Resident of Village- Jalwa Toli, P.O.-

Huseni P.S.- Dunariyaghat, District- East Champaran.

3. Umar Miyan @ Umar Ali Son of late Gafar Miyan, Resident of Village-

Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.

4. Pradip Kumar Giri, Son of Yogendra Giri, Resident of Village- Jalwa Toli, P.O.- Huseni P.S.- Dunariyaghat, District- East Champaran.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Land Revenue, Government of Bihar, Patna.

3. The Collector, East Champaran, Motihari.

4. The Additional Collector cum Additional District Magistrate, East Champaran, Motihari.

5. The Deputy Collector (land) Reforms, Keshariya, East Champaran.

6. The Circle Officer, Keshariya, East Champaran, Motihari.

7. The Halka Karamchari, Panchayat Husseni, Circle- Keshariya, District- East Champaran.

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

Appearance :

For the Petitioner/s : Mr.Rajeev Ranjan, Advocate For the Respondent/s : Mr. Subhash Pd. Singh, GA 3 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 12-02-2026 Heard Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioners and Mr. Subhash Pd.

Singh learned learned counsel for the State.

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

“(I) To issue a writ/writs, commanding and directing a respondent authority to withdraw jamabandi canellation Case No.15/2025-26 pending before the Ld. Additional Collector cum Additional District Magistrate, East Champaran, Motihari.

(ii) To issue a show cause cum explanation from respondent authorities why they initiate jamabandi cancellation against the petitioners without verifying the land records produced by the petitioners.

(iii) Any other relief or reliefs.”

3. The brief facts of the Case are that the petitioners received a notice dated 05.01.2026 issued under the signature of the Additional Collector-cum-Additional District Magistrate, East Champaran at Motihari, dated 25.11.2025, informing them that on the proposal of the Circle Officer, Khesariya bearing Proposal No. 2/2025–26, a proceeding has been initiated for cancellation of mutation with respect to land bearing Khata No. 52, Kheshra Nos. 667, 2870 and 2872, Thana No. 245, Mauza–Huseni. The families of the petitioners have been Bataidars (sharecroppers) under the original raiyats, namely Mahadev Singh and Maheshwar Singh, since the year 1950 in respect of the aforesaid land. In Bataidari Case Nos. 210, 219, 220, 232, 236, 245 and 246 of 1975–76, the learned DCLR, East Champaran, Motihari, declared the petitioners as Bataidars under Section 48(E) of the Bihar Tenancy Act by order dated 07.08.1985. No appeal was preferred against the said order by the original raiyats. Subsequently, upon an application under Section 48(D) of the Bihar Tenancy Act read with the Rules, 1992, the Circle Officer, Khesariya, vide order dated 21.03.2005, directed the petitioners to deposit 24 times the land revenue. The petitioners deposited the said amount on 28.11.2005, and receipt was duly issued. Thereafter, the petitioners were declared raiyats in respect of the said land. After sometime when certain persons attempted to disturb the peaceful possession of the petitioners over the aforesaid land, the petitioners instituted Title Suit No. 349 of 2005 before the learned Sub Judge, East Champaran, Motihari. The said suit was decreed in favour of the petitioners vide judgment and order dated 09.09.2013, and the