IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.418 of 2026 ======================================================

Shashi Bhushan Prasad Singh ... ... Petitioner/s Versus The State of Bihar & Ors.

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

Appearance :

For the Petitioner/s : Mr. Rabish Kumar, Advocate : Mr. Khalid Faizan, Advocate For the State : Mr. Standing Counsel (12)

: Mr. Kamlesh Kishore, AC to SC-12 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 16-03-2026 Heard Mr. Khalid Faizan, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

“(i) for quashing the order dated

25.10.2025 passed by the Divisional Commissioner, Munger Division, Munger, in JBC Revision Case No. 28/2025-26 (contained in Annexure-P/8), whereby the well-reasoned appellate order of the District Magistrate-cum- Collector dated 25.07.2025 has been illegally set aside, and the order of the Additional Collector dated 07.04.2025 cancelling Jamabandi No. 2/3 has been mechanically affirmed.

(ii) to hold and declare that the petitioner is in actual, peaceful and continuous physical possession of the land appertaining to Mauza Chakreja Murad, Thana No. 408, Khata Nos. 12, 13 and 14, Khesra Nos. 42, 43, 45 and 46, measuring 10 acres 08 decimals, on the strength of the permanent settlement executed in the year 1941 by the forefathers of Respondent No. 6 in favour of the petitioner's ancestors, and that such long-standing Jambandi and possession, continuing for more than eight decades, cannot be disturbed or cancelled in a a summary revenue proceeding, in view of the settled law laid down by this Hon'ble Court and the Hon'ble Supreme Court.

(iii) to hold that Jamabandi No. 2/3 standing in the name of the petitioner's ancestors, and continued thereafter in favour of the petitioner's family, is valid, legal and sustainable in law, being a long-standing Jamabandi originating from a lawful settlement and uninterrupted possession, and therefore not open to cancellation by revenue authorities.

(iv) to hold that the orders dated

25.10.2025 (contained in Annexures-P/8), passed by the Divisional Commissioner, Munger Division, Munger, in JBC Revision Case No. 28/2025-26, is without jurisdiction, void ab initio, non-est in the eye of law, and liable to be ignored for all purposes.

(v) to hold that the action of the Additional Collector, Munger, in cancelling Jamabandi No. 2/3 by order dated 07.04.2025, and the affirmation of the same by the Divisional Commissioner, is illegal, arbitrary, without jurisdiction, violative of settled principles of land law, and contrary to numerous binding judgments of the Hon'ble Patna High Court and Hon'ble Supreme Court.

(vi) to hold that the appellate order dated 25.07.2025 passed by the District Magistrate-cum-Collector, Munger, in Jamabandi Cancellation Appeal Case No. 11/2025-26, is valid, lawful, within jurisdiction, and fully in conformity with the statutory scheme, and to direct that the said order be implemented and given full effect.

(vii) to restrain the respondents, their agents and any person claiming through them, from interfering with the petitioner's actual physical possession over the land appertaining to Mauza Chakreja Murad, Thana No. 408, Khata Nos. 12, 13 and 14, Khesra Nos. 42, 43, 45 and 46, measuring 10 acres 08 decimals, during the pendency of the present writ petition.

(viii) to any other relief/s which the petitioner is found entitled to.

3. Admit.

4. State receives notice on behalf of the respondent no. 1 to 5.

5. Issue notice to the respondent no.6 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of two weeks failing which the application shall stand rejected without further reference to the Bench.

6. In case, the order passed is not co