Sanjay Kumar Pandey @ Sanjay Pandey vs The State Of Bihar on 13 July, 2026

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    Patna High Court – Orders

    Sanjay Kumar Pandey @ Sanjay Pandey vs The State Of Bihar on 13 July, 2026

    Author: Rajiv Roy

    Bench: Rajiv Roy

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Civil Writ Jurisdiction Case No.4116 of 2026
                     ======================================================
                     Sanjay Kumar Pandey @ Sanjay Pandey
                                                                                ... ... Petitioner/s
                                                       Versus
                     The State of Bihar
                                                                             ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s    :      Mr. Indrajeet Bhushan, Advocate
                     For the Respondent/s    :      Mr. Standing Counsel (18)
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER
    
    5   13-07-2026

    Heard Mr. Ranjit Kumar Pandey, learned counsel for

    the petitioner and the State.

    SPONSORED

    2. The present petition has been preferred for the

    following relief/s:

    “a. Quashing the order dated 22.01.2026,
    passed in JBCA 226/2024-25, passed by Sri
    Rajeshwari Pandey, the Learned ADM, Gopalganj
    whereby and whereunder the learned court above
    referred has cancelled the Jambandi No. 72 (details
    of which has been stated in Paragraph No. 3 of the
    present Writ Application), running in the name of
    Manu Pandey @ Mannu Pandey (the grandfather of
    the Petitioner).

    b. And further for a direction to the
    Respondent Authorities to not to take away the land
    of the Petitioner, at the strength of the order
    impugned dated 22.01.2026 or otherwise, on
    amongst others, the following grounds: –

    (i) For that the order impugned dated
    22.01.2026 is without jurisdiction and has been
    Patna High Court CWJC No.4116 of 2026(5) dt.13-07-2026
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    passed by the learned ADM Gopalganj, arbitrarily.

    The same is the abuse of the administrative / quasi –
    judicial power held by the learned ADM,
    Gopalganj.

    (ii) For that the learned ADM Gopalganj
    has exceeded it’s jurisdiction. vested in it under the
    Bihar Land Mutation Act, 2011 which empowers it
    to conduct a summary proceeding relating to
    mutation correction and maintenance of revenue
    records.

    He is having no jurisdiction to enter into
    the disputes relating to the Validity of the
    Documents regarding the Right, Title and
    Possession of the land; hold by the Petitioner.

    (iii) For that by the order impugned dated
    22.01.2026 Gopalganj the learned ADM ; has
    declared the Instrument. (Patta) dated 21.11.1939″

    null and void which is beyond the jurisdiction of the
    learned ADM, Gopalganj.

    (iv) For that, here it is worth pointing out
    that the lands were settled in the year 1939, by Raj
    Hathwa, in favour of the Grandfather of the
    Petitioner.

    The Raj Hathwa, in the year 1939, was a
    Sovereign Estate and was having full authority to
    settle the land and grant the Raiyati
    Rights/Occupancy Rights, to the individuals.

    (v) For that the settlement of land, by the
    proprietor in favour of cultivating tenants was
    governed by the proprietary rights recognised under
    the Permanent Settlement Regulations of 1793 and
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    regulated by the provisions of the Bengal / Bihar
    Tenancy Act, 1885

    ( vi) For that upon the coming into force
    of the Bihar Land Reforms Act, 1950, only the
    intermediary interest (held by the Zamindar) vested
    in the State; under section 3 of the Bihar Land
    Reforms Act.

    The existing Raiyati Rights remained
    protected and unaffected, and therefore the Bihar
    Land Reforms Act
    was neither the source of the
    creation of such tenancy rights nor did it is capable
    of extinguish them.

    (vii) For that upon vesting of the estate
    under Section 3 of the Bihar Land Reforms Act,
    1950, the intermediary interest of Raj Hathwa stood
    vested in the State: however, in view of Section 4(a)
    of the Act, which expressly excludes “the interests of
    raiyats and under-raiyats” from vesting the pre-
    existing Raiyati Rights remained unaffected and
    continued under the “State as Landlord”;
    accordingly, the same Jamabandi No. 72 (now as
    computerized Jamabandi No. 197121800024576)
    continued to be maintained in recognition of such
    subsisting Raiyati Rights.

    (viii) For that, the impugned order is
    wholly unsustainable in law, inasmuch as it
    proceeds on an erroneous assumption that Gair
    Majarua Malik land could not have been validly
    settled by the erstwhile proprietor, thereby indirectly
    giving retrospective operation to the provisions of
    the Bihar Land Reforms Act, 1950.

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    It is well settled by several judgments of
    the Hon’ble High Courts and the Hon’ble Supreme
    Court that Gair Majarua Malik land could validly
    be settled by the erstwhile proprietor prior to
    vesting; and such pre-abolition settlements cannot
    be invalidated by applying the provisions of the
    Bihar Land Reforms Act, 1950, retrospectively
    Since the Bihar Land Reforms Act, 1950
    does not operate retrospectively, the rights of the
    proprietor to settle a land continued up to the date
    of vesting, and it was only upon that, by such vesting
    the State stepped into the shoes of the intermediary
    and the proprietary rights stood extinguished.

    Therefore, it was not open to the learned
    ADM, Gopalganj to apply the provisions of the said
    Act to a settlement, which admittedly took place in
    the year 1939, long prior to the abolition of
    zamindari and vesting of the estate.

    (ix) For that, at the time of independence
    and also at the time of vesting of the Zamindari the
    grandfather of the Petitioner had already become a
    Settled Raiyat and had acquired occupancy rights
    under Sections 20 and 21 of the BiharTenancy Act,
    1885, as recognized in the landmark judgment in
    Most. Ugni.

    (x) For that the Learned Court below has
    failed to appreciate that in the year 1939, when the
    land was settled and Jamabandi No. 72 was
    subsequently created, Raj Hathwa was the recorded
    proprietor of the estate under the Permanent
    Settlement and was legally competent to settle the
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    land and create raiyati rights in favour of
    cultivating tenants.

    (xi) For that very initiation i.e.
    recommendation For that the very initiation i.e. for
    the Jamabandi Cancellation is also bad in law and
    bad on the facts.

    (xii) For that from the perusal of the Page
    No. 66 of the Present Writ Application it would
    appear that the proceeding for the Cancellation of
    Jamabandi was recommended on 23.12.2024, on the
    basis that the Plot No. 480 is related to a water
    body and the same has been proposed for water
    conservation – which appears to be factually
    incorrect; on the perusal of the Khatiyan as well as
    the present topography of the land.

    (xiii) For that from the perusal of the
    order impugned itself, it is apparent that the
    Petitioner has explained all the facts and
    backgrounds, in which the land was settled in the
    name of the grandfather of the Petitioner. The facts
    so stated were not denied by the State.

    (xiv) For that it is an admitted and
    undisputed position on record that after the
    settlement of the land in the year 1939, Jamabandi
    No. 72 was duly created by Raj Hathwa and the
    same was subsequently carried forward and
    continuously maintained by the State of Bihar in its
    Register-II even after vesting under the Bihar Land
    Reforms Act, 1950
    , and has been running
    uninterruptedly for the last 86 years.

    It is further evident that the State of Bihar,
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    through the Circle Office, Kateya, Gopalganj,
    refixed the quantum of land revenue in respect of the
    said Jamabandi vide Rent Fixation Case No.
    75/1959-1960 thereby expressly recognizing the
    subsistence and validity of the said Jamabandi.
    These undisputed facts conclusively establish long-
    standing continuous and recognized possession of
    the Petitioner’s predecessor-in-interest, which could
    not have been unsettled or cancelled in a summary
    proceeding under the Bihar Land Mutation Act,
    2011
    .

    ( XV) For that the actuality of the matter
    is that the order impugned dated 22.01.2026 has
    been passed against the Petitioner arbitrarily, just
    with a view to take away the valuable land of the
    Petitioner without any selenium.

    (xvi) For that, from the perusal of the
    running of the proceedings, it is emptily manifested
    that the order impugned has been passed in highly
    arbitrary manner.

    The arguments in this case were
    concluded on 29.07.2025 and the order was
    reserved.

    Thereafter the case status started showing
    “disposed of” on 29.07.2025.

    After some time the status report started
    showing “disposed of” on 06.10.2025.

                                           Lastly      the   order    was    passed    on
                              22.01.2026.
    

    (xvii) For that the order impugned dated
    22.01.2026 is also under the teeth of the various
    Patna High Court CWJC No.4116 of 2026(5) dt.13-07-2026
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    judgments of this Hon’ble High Court which are
    available at Page No. 97 10 128 of the present Writ
    Application.

    The Judgements concerned were brought
    in the notice of the court of the learned ADM,
    Gopalganj also by way of filing a list of documents
    dated 29.07.2025 (Annexure P/10, Page No. 86)
    through which the other relevant documents were
    also filed.

    (xviii) For that from the perusal of the
    grounds on which the Jamabandi Cancellation
    Proceeding was initiated vis-à-vis the grounds on
    which the Jamabandi has been cancelled vis-à-vis
    the Judgments of this Hon’ble High Court
    supporting the case of the Petitioner vis-a-vis the
    manner in which the proceedings have been
    conducted by the learned ADM, Gopalganj; it is out
    and out clear that the order impugned is completely
    an arbitrary, malafide and illegal order.

    (xix) For that the impugned action of the
    Respondent Authorities is arbitrary, unreasonable
    and without jurisdiction, thereby violative of Article
    14
    of the Constitution of India. Further, the attempt
    to deprive the Petitioner of his land without
    authority of law and without recourse to a
    competent civil forum is in clear contravention of
    Article 300A of the Constitution of India.

    (xx) For that due to the passing of an
    arbitrary order dated 22.01.2026 the Petitioner has
    suffered an irreparable injury.

    ( xxi) For that due to the illegal and
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    arbitrary action of the Respondent Authorities, the
    Fundamental Rights of the Petitioner, as enshrined
    in the Constitution of India, has been violated.

    3. The details of the land stand recorded in paragraph 3

    of the petition which read as under:

    “District- Gopalganj;

    Circle – Kateya (up to – 31.12.1996)

    Panchdeori (01.01.1997 to till day)

    Gram Panchayat – Koisa Khurd;

    Village – Bhatwa Khurd;

    Thana No. – 538;

    Khata No. 62 (Gairmajarua Malik);

    Plot No. – 480;

    Having total area -7 Acre 79 Decimal 10 Bigha,

    9 Katha, 9 Dhur.”

    4. This followed the creation of revenue records in

    favour of the ancestor vide no. 72 in the year 1940-41. Learned

    counsel for the petitioner submits that he shall be bringing on

    record the original copy of the said Jamabandi.

    5. The further submission is that the first mutation

    receipt was issued on 04.03.1945 and it continued up to the year

    2011-12 and the update mutation receipts shall also be brought on

    record by way of supplementary affidavit.
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    6. The submission is that long-standing Jamabandi

    stands cancelled on 22.01.2026 by the Additional Collector,

    Gopalganj on the recommendation made by the Circle Officer,

    Panchdeori and while cancelling the same, not only the

    documents on record were ignored, even the judgments of

    Hon’ble the Supreme Court and the High Court which was part of

    the petition/reply stands ignored which is reflected from the order

    itself.

    7. A counter affidavit on behalf of respondents nos. 3 to

    7 has come and a reply has also been filed.

    8. Let the petitioner come up with all the relevant

    documents, as recorded above, by way of supplementary affidavit

    and shall also prepare a brief synopsis of the case.

    9. List this case on 03.08.2026.

    (Rajiv Roy, J)
    Sanny/-

    U



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