SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Pat) 353

CHAKRADHARI SHARAN SINGH
Richesh Anand son of Lakshmi Prasad Nayak – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. D.K. Sinha, Sr. Advocate, Mr. Rama Nand Poddar.
For the Respondent: Mr. Sajid Salim Khan, Mr. Raj Kishore Roy, Mr. Abhay Kumar Kashyap.

JUDGMENT :

1. These two cases have been heard together and are being disposed of by the present common judgment and order, since they involve similar issues and disputes of similar nature.

2. These writ application have been filed, challenging the initiation of jamabandi cancellation proceeding with registration of Jamabandi Cancellation Case No. 221/2016-17 and issuance of notice to these petitioners, on the ground that the notice itself is beyond jurisdiction since the notice does not disclose the mandatory requirement, as contemplated under Section 9 of the Bihar Land Mutation Act, 2011 (for short ‘the Act’) for initiation of an action for cancellation of Jamabandi.

3. Section 9 of the Act contemplates that the Additional Collector, either suo motu or on an application, shall have the ‘power to make inquiries in respect of any Jamabandi, which has been created in violation of any law for the time being in force or in contravention of any executive instruction issued in this behalf’. Sub-section (1) further requires that the Additional Collector, in whose jurisdiction the land is situated, may, after giving reasonable opportunity to the parties concerned to appeal, adduce evidence a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top