Patna High Court - Orders
Bambholi Prasad Mandal vs The Principal Secretary, Revenue And ... on 24 July, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7091 of 2024
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1. Bambholi Prasad Mandal, Son of Late Motilal Mandal residing at Village
Bhantekathi, Ward No.- 7, P.S. and District- Madhepura.
2. Sukhdeo Prasad Mandal, Son of Late Motilal Mandal residing at Village
Bhantekathi, Ward No.- 7, P.S. and District. Madhepura.
3. Anil Kumar, Son of Late Shyam Sundar Mandal residing at Village
Bhantekathi, Ward No.- 7, P.S. and District. Madhepura.
4. Salabh Kumar, Son of Late Shyam Sundar Mandal Sl. No.1 to 4 are residing
at Village Bhantekathi, Ward No.- 7, P.S. and District. Madhepura.
... ... Petitioner/s
Versus
1. The Principal Secretary, Revenue and Land Reforms Old Secretariat, Patna -
800001.
2. District Magistrate cum Collector, Madhepura.
3. Additional Collector, Madhepura.
4. Sub Divisional Magistrate, Madhepura.
5. The Circle Officer, Madhepura, District- Madhepura.
6. The Circle Officer, Dhailadh, District Madhepura.
7. Bijendra Mandal @ Bijen Mandal, Son of Late Kusheswar Mandal resident
of Village Bhantekathi, Ward No.- 7, P.S. and District. Madhepura.
8. Santosh Mandal, Son of Late Kusheshwar Mandal resident of Village
Bhantekathi, Ward No.- 7, P.S. and District. Madhepura.
9. Shiken Mandal @ Sikandar Mandal, Son of Late Muneshwar Mandal, Sl.
No.7 to 9 are resident of Village Bhantekathi, Ward No.- 7, P.S. and District.
Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhay Kumar
For the Respondent/s : Mr. Standing Counsel 12
Mr. AC to SC-12
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-07-20251. Heard learned counsel for the petitioners and learned AC to SC-12 for the State.
2. Issue notice to the Respondent Nos.7, 8 and 9 by both modes i.e. speed post as well as ordinary post with A/D, for Patna High Court CWJC No.7091 of 2024(2) dt.24-07-2025 2/3 which necessary requisites etc. must be filed on or before 31.07.2025, failing which the instant writ application shall stand rejected without further reference to the Bench against all the respondents.
3. Put up this case on 25.08.2025.
4. The State, in the meantime, shall file counter- affidavit.
5. The counter-affidavit shall be duly sworn by the District Magistrate-cum-Collector, Madhepura. The counter- affidavit shall give parawise reply of the pleadings made in the writ application.
6. At this stage, the learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed for quashing the rent receipt of the Basgit parcha in Case No.246/4 of 1993-94 and 247/4 of 1993-94 on the ground that the petitioners were completely unaware that Basgit Parcha with respect to their land has been issued in favour of the private respondents. It is also submitted that Jamabandi with respect to the land in dispute was standing in the name of the petitioners till 2024. It is thus submitted that had the Basgit Parcha been issued in favour of the private respondents in the Year 1993-94, in that event, the Jamabandi would not have been Patna High Court CWJC No.7091 of 2024(2) dt.24-07-2025 3/3 standing in the name of the petitioners till 2024 as the Basgit Parcha holder would have applied for seeking mutation of the land settled in their favour. It is also submitted that the private respondents are not entitled for issuance of Basgit Parcha on the ground that they are not landless persons rather are having more land than the petitioners. The learned counsel for the petitioners further submits that petitioner till date is in possession of the land in dispute in the instant writ application.
7. Status quo as existing as of date shall be maintained.
(Satyavrat Verma, J) vikash/-
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