IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
CWJC No.10408 of 2021
(22.11.2022)
Dr. Manoj Kumar & Anr. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
Bihar Land Mutation Act, 2011 – Section 9 read with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sections 23, 24, 25, 26 & 27 – Land acquisition – Compensation – Compensation denied to the petitioners as ownership for the land in question was not granted in favour of the petitioners – petitioners claim to have purchased the land through regd. Sale deed and got the land mutated in the year 2017 – power of the state for cancellation of longst – and Jamabandi cannot be exercised in casual manner and if the state challenges the correctness of the statements and the entries in relation thereto, onus is entirely upon the state to prove that they are wrong – in the present case, since there is a long standing jamabandi in favour of the vendors- petitioners and they continued in peaceful possession over the land in question after purchase and their names have already been mutated in the records, the same cannot be cancelled in a Summary proceeding – impugned orders quashed – respondents directed to pay the compensation. (Paras 11 to 15)
CWJC 16985/2018 D/-13-09-2022 – Referred.
Sandeep Kumar, J. – By way of this writ petition, the petitioners have challenged the order dated 03.03.2021 passed by the Additional Collector, Land Reforms, Aurangabad (respondent no 6) as well as connected orders dated 01.07.2020 and 03.07.2020 jointly passed by the Sub Divisional Officer, Aurangabad and the Deputy Collector, Land Reforms, Aurangabad (respondent nos. 7 and 8) and also orders dated 15.11.2017 and 24.01.2020 passed by the Circle Officer, Barun (respondent no.9) by which the award/compensation to the petitioners for their land, which has been acquired, has been rejected.
2. It is the case of the petitioners that they had purchased a piece of Raiayati/Khatyani land bearing Khata no.55 plot no.37, Thana no.146, an area measuring 66 decimals situated at Mauza-Dayalpur, P.S and Circle-Barun, District- Aurangabad, through a registered sale deed dated 26.09.2012 and thereafter, the petitioners came in peaceful possession over the said land. Thereafter, the said land was mutated in the name of the petitioners. According to the petitioners, the land in question was in peaceful possession of the ancestors of sellers/vendors through an unregistered Hukumnama before abolition of Zamindari and were paying Malguzari regularly. The mutation of the said land was made in the names of the vendors/their ancestors in the year 1945 and such mutation was never cancelled even in light of Resolution dated 11.04.2014 and its clarification dated 10.05.2016. The said resolution relates to disposal of the grievance with respect to Government land including Gair Majarua Malik.
3. The petitioners claim that they had purchased the land in question through registered sale deed dated 26.09.2012, which is annexed as Annexure-16 in the second supplementary affidavit and thereafter, they came in peaceful possession over the land in question. In the year 2017, the said land was mutated in the name of the petitioners and thereafter the names of the petitioners have been recorded in Register II and accordingly, the rent receipts have been issued in the names of the petitioners. Thereafter, the petitioner no.1 filed an application for measurement and demarcation of the land in question before the respondent no.9 and paid the required fee and accordingly, the land in question was measured and demarcated by the Anchal Amin under the supervision of the Circle Officer and in this regard, a measurement report has been submitted by the Anchal Amin, which is annexed as Annexure-4 to this writ petition.
4. It is the further case of the petitioners that in the year 2017, the Government decided to acquire the adjacent lands for the purpose of widening of NH-2. On 28.09.2017, the petitioners received a notice issued by the Circle Officer, Barun, regarding the acquisition of their land. In compliance of the said notice, the petitioners have submitted their documents regarding title and possession over the land in question. Thereafter, the Circle Officer passed an order directing the Revenue Karamchari to submit an enquiry report regarding the land in question. However, when the petitioners came to know that several similarly situated persons have received their compensation/award for their acquired lands, they filed several representations before the concerned authorities but no action was taken in the matter. Ultimately, the petitioners moved before this Court by way of filing C.W.J.C. No.20885 of 2018 but during pendency of the case the grievances of the petitioners have been rejected by the respondent authorities and hence the said writ petition was withdrawn.
5. It is the case of the petitioners that on 12.09.2020 they received a notice issued by the Additional Collector, Land Reforms, Aurangabad, by which the petitioners were directed to appear before the authority on 21.09.2020 and file reply along with evidences in support of their right and title over the land in question. In light of the said notice dated 12.09.2020, the petitioners appeared before respon
Long-standing post-vesting Jamabandi cannot be cancelled by revenue authorities without statutory authority; title and possession disputes must be resolved exclusively by civil courts.
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
Only the Additional Collector has the authority to cancel Jamabandi under Section 9 of the Bihar Land Mutation Act, and failure to provide a hearing violates natural justice principles.
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