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Can Revenue Authorities Cancel Long Standing Records Says No
In a significant ruling concerning land administration, the at Ranchi has reaffirmed that revenue authorities lack the to cancel long-standing records. A comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that such administrative powers do not exist under the , directing that any dispute regarding the validity of such entries must be resolved through a competent civil court.
Land Dispute in Hazaribagh
The litigation arose from a dispute over approximately 24.79 acres of land in Village-Kabilasi, District-Hazaribagh. The appellants, represented by Kishori Sah and others, challenged an order passed by the learned Single Judge that had dismissed their against the issuance of rent receipts in favor of the original respondent, the late Vishwanath Baidh. The appellants claimed their ancestors held long-standing possession and valid of the land, while the respondents argued that the had been maintained since based on valid revenue entries made in administrative proceedings.
Contentions of the Parties
Counsel for the appellants argued that the created in favor of the late respondent was based on forged documents and issued without providing an opportunity for a hearing, thereby violating . Conversely, counsel for the respondents maintained that the was not a new creation but a continuation of entries from , and spot verifications conducted by the Additional Collector and local revenue officials confirmed the possession of the respondent.
Judicial Analysis and Precedents
Drawing upon established legal principles, the High Court scrutinized the provisions of the Act. The bench noted that there is no provision within the statute that confers power upon State revenue authorities to unilaterally annul a long-standing .
The Court relied heavily on the judgment in
, which clarified that
"it is a settled position of law that
once created cannot be annulled."
The bench further emphasized the limitation of revenue authorities in adjudicating issues of title, stating:
"It is well settled that a long running cannot be cancelled, except by filing a suit in the competent Court of civil jurisdiction."
The Court further observed that revenue proceedings are not the appropriate forum to determine complex disputes involving . As the appellants and respondents asserted rival claims of ownership, the Court ruled that the administrative authorities acted correctly in refusing to delve into title disputes, as they lack the legal mandate to evict parties or declare land ownership.
Final Decision
Finding no infirmity in the , the dismissed the appeal. The judgment reinforces a critical boundary in land governance: while revenue authorities may verify records, they cannot override established, long-running entries without a decisive decree from a civil court, thereby protecting property holders from arbitrary administrative interference. The appellants have been granted the liberty to pursue their claims through the appropriate civil legal channels.
