1976 Supreme(Pat) 262
K.B.N.SINGH, B.S.SINHA
Harihar Singh – Appellant
Versus
Add. Collector I/c Land Reforms Monghyr – Respondent
Advocates appeared:
For the petitioners: M/s. Ugra Singh and A.H. Motiur Rehman.
For the respondents: M/s S.N. Jha, S.C. II & Arun Kumar Jha.
Judgement Key Points
- Petitioners sought to quash orders cancelling their jamabandi for 61 acres of gairmazarua malik land (plot no. 95, khata no. 204, village Jinhara), settled via sada hukumnama dated 15.6.1940 from Raj Banaili. (!) [8000336520001]
- Anchal Adhikari, in Lagit Case No. 131/62-63, corrected lagit and opened jamabandi in petitioners' names on 12.3.1963 after Halka Karamchari report and public notice with no objections. [8000336520001][8000336520008]
- Petitioners paid arrears from vesting date, obtained rent receipts from State up to 31.3.1975, and demonstrated long possession via receipts, loan form verification, constructions (houses, ahar, well). [8000336520001][8000336520009][8000336520010][8000336520011][8000336520012]
- Additional Collector cancelled jamabandi via order dated 5.6.1975 (Annexure 4) after notice to petitioner no. 1 only, without considering produced documents or serving petitioner no. 2; Commissioner upheld on 24.7.1975 (Annexure 5). (!) [8000336520001][8000336520015][8000336520016][8000336520017]
- Anchal Adhikari had authority to open jamabandi based on sada hukumnama/rent receipts per government instructions (1959, 1969 letters); practice existed pre-1969. [8000336520006][8000336520007]
- Additional Collector lacked jurisdiction to cancel jamabandi; no provision under Bihar Land Reforms Act (s.40(1) allows inquiry/fine, not cancellation; s.4(h) requires specific procedure). [8000336520015]
- Petitioners, as settled raiyats, acquired occupancy rights under Bihar Tenancy Act (ss.21, 24(4)); ejectment only per s.25 grounds; co-sharers hold jointly. [8000336520014]
- Additional Collector's order flawed: ignored 9 documents (incl. sada hukumnama), no personal inquiry justified despite return omission, notice only to one petitioner. [8000336520008][8000336520015][8000336520016][8000336520017]
- Respondents' counter: land not settled per return, petitioners not in possession, already distributed to 61 others (Bachu Manjhi et al.); court disbelieved due to lack of dates/ details post-status quo order. [8000336520004][8000336520018]
- Writ allowed: Annexures 4 & 5 quashed; no costs. Status quo maintained during pendency. (!) [8000336520019]
Judgment
B.S. Sinha, J.
The petitioners prayer in this application is to quash Annexures 4 and 5 annexure 4 is an order, dated the 5th June 1975 passed by the Additional Collector, Monghyr in Miscellaneous Case No. 137/74-75 by which he has cancelled the jamabandi opened in the name of the petitioners in Miscellaneous case No. 131/62-63. Annexure 5 is the order dated 24.7.1975 by which the Commissioner, Bhagalpur Division in Miscellaneous appeal no. 26/75-76, has upheld the aforesaid order of the Additional Collector.
2. The petitioners case is that by a sada Hukumnama dated 15.6.1940 they obtained settlement of 61 acres of Gairmazarua malik land bearing plot no. 95 appertaining to khata no. 204 of village Jinhara from Raj Banaili Although the Banaili Raj vested in the State of Bihar in 1952 yet because of certain dispute, the Raj which was being managed by a Receiver, handed over charge of this area in 1959. As the holding had fallen into arrears, in the return filed by the Raj, this plot was not shown to have been settled with the petitioners. Accordingly on 20.12.1962 the petitioners applied for the correction of the Lagit on which the Anchal Adhikari of Lakshmipur started Lagit ca
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