IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5050 of 2025 ======================================================

1. Rekha Singh D/o- Late Indeshwari Prasad Singh, Resident of Madhubani, Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.

2. Ragini Singh, D/o- Late Indeshwari Prasad Singh, Resident of Madhubani, Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.

3. Dr. Shailesh Kumar Singh, S/o - Late Jang Bahadur Singh, Resident of Madhubani, Ward No.- 13, P.S.- Khajanchi Hat, District- Purnea.

... ... Petitioner/s Versus

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

2. The Additional Chief Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

3. The Joint Secretary, Revenue and Land Reforms Govt. of Bihar, Patna.

4. The Collector, Purnea.

5. The Additional Collector, Purnea.

6. The Land Reforms Deputy Collector, Sadar, Purnea.

7. The Circle Officer, Purnea East, Purnea.

8. The Sub-Divisional Officer, Sadar, Purnea.

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

Appearance :

For the Petitioner/s : Mr.Avanish Kumar Singh, Advocate Mr. Mukul Kumar Singh, Advocate Mr. Kr. Bal Govind Singh, Advocate For the Respondent/s : Mr.Addl. Advocate General (13)

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 16-03-2026 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of appropriate writ or direction in the nature of certiorari for quashing the order dated 10.10.2023, passed by the learned Additional Collector, Purnea, in Jamabandi Cancellation Case No.07/2023-24, 16/2023-24, (Annexure 3), cancelling the long standing Jamabandi No 772, 780, and 313, running in the name of the petitioner Nos. 1 & 2 and father of the petitioner No. 3, since 1961. It is relevant to submit here that the petitioners have filed the Jamabandi Cancellation Appeal Case No. 90/2024, against the impugned order dated 10.10.2023, before the learned Collector, Purnea, but he has not been able to hear the matter till date, meanwhile the local administration is putting pressure upon the petitioners and others to vacate the land or else they would take forceful possession of the land in question;

(ii) for a direction to the Circle Officer, Purnea East, to restore the original Jamabandi No-772,780 and 313 running in the name of the Petitioners;

(iii) for restraining the respondents from taking forcible possession over the rayati land of the petitioners because the petitioners have been in peaceful possession over the land in question since 1961 without any objection and have been paying the land rent since then;

(iv) for issuance of appropriate order/direction to the respondents to maintain the status quo till the final disposal of the present writ;

(v) for such other and further reliefs as the nature and circumstances of the case may require and thought fit by this Hon'ble Court.

3. The details of the land stands incorporated in paragraphs 04 to 09 which read as under:

4. the land of Mouza Madhubani, P.S.- Khajanchi Hat, Thana No-123/2, old ward No-30, District- Purnea, bearing Banaili Estate Private Khata No. 372, Banaili Estate, Private Plot No.250, area 05 Bigha 05 Katha of land with other more lands was originally settled with Md. Nayeemudin, S/o- Hazi Sk. Lomayat Hussain by the Banaili Estate receipt No. 364 under specific boundaries i.e. Sadak P.W in the North, Camping Ground in the South, Purnea Sadar Hospital in the East, and Abdul Hafiz Mia & Alok Mia in the West;

5. that, while in possession and being absolute owner Md. Nayeemudin sold the said land under Raj Baniali Estate Katha No. 372, Banaili Estate Plot No. 250 area 05 Bigha 05 Katha with specific boundary to the mother of petitioner Nos. 1&2 and grandmother of petitioner No. 3 namely Saroj Bala Devi, W/o- Dr. Indeshwari Prasad Singh, by virtue of a registered sale- deed, vide Deed No. 11138 dat