IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2476 of 2026 ======================================================

1. Prithviraj Singh Son of Late Nageshwar Rai Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

2. Anand Kumar Singh, Son of Late Suryabali Singh, Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

3. Amit Kumar Singh, Son of Late Suryabali Singh, Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

4. Navandu Kumar Singh, Son of Suryadeo Singh, Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

5. Adesh Kumar, Son of Late Ashok Kumar Singh, Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

6. Abhishek Kumar, Son of Late Ashok Kumar Singh, Resident of village-

Babhandiha, Tola Bangra Ke Bari, P.O. and P.S. - Chainpur, District- Siwan.

... ... Petitioner/s Versus

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

2. The Collector, Siwan.

3. The Additional Collector, Siwan.

4. The L.R.D.C, Siwan, District- Siwan.

5. The Circle Officer, Siswan, District- Siwan.

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

Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Advocate Mr.Vardaan Mangalam, Advocate Ms. Ritika Rani, Advocate For the Respondent/s : Mr. Sarvesh Kumar, GP 24 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 16-02-2026 Heard Mr. Dinu Kumar along with Vardaan Mangalam and Ms. Ritika Rani, learned counsels appearing on behalf of the petitioners and Mr. Sarvesh Kumar, learned GP

24 for the State.

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

“(I) For quashing the Jamabandi Cancellation Case No.52/2019-20 initiated against Rameshwar Rai now dead.

ii. For quashing the notice issued upon the petitioners under Perfomra-XVII as per Rule 13(3) of the Land Mutation Act by the Additional Collector, Siwan on

29.11.2023.

iii. Also commanding the respondents to not disturb the Jamabandi No.1473/05 in the name of Nageshwar Rai son of Ram Chandra Rai, Resident of Village -Babhandiha, Tola Bangra Ke Bari, Block- Siswan, District- Siwan.

iv. Also for commanding the respondent Circle Officer, Siswan to dispose of the Jamabandi Cancellation Case No.52/2019-20 initiated against Nageshwar Rai who have already died.

v. For that any other relief/reliefs for which the petitioner may be deemed entitled to.”

3. Mr. Dinu Kumar, learned counsel appearing on behalf of the petitioners submitted that for the relief as prayed for in the present writ petition, he don’t want to press the same for the simple reason that for the same relief, he has filed application under Section 9(6) of the Bihar Land Mutation Act, 2011 read with Rule 13(3) of the Bihar Mutation Rules 2012 as amended uptodate, in connection with Jamabandi Cancellation No.52 of 2019-20, but the Additional Collector is sitting tight over the application.

4. Cancellation of Jamabandi has been prescribed under Section 9(6) of the Bihar Land Mutation Act, 2011, which is reproduced hereinafter:

“(6)(a) An Appeal against the order of the Additional Collector shall lie with the Collector of the district within thirty (30) days of the order appealed against.

(b) The Collector of the district may condone the delay in filing appeals provided he is satisfied that there are sufficient reasons for the delay.

(c) The Collector of the district shall not pass any order modifying, altering or setting aside the order appealed against unless the concerned parties have been given a reasonable opportunity of being heard.”

5. The Rule 13(3) of the Bihar Mutation Rules, 2012 provides for mechanism for cancellation of Jamabandi, which is inter alia reproduced hereinaft