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SANDEEP KUMAR
Jagarnath Jha @ Jagannath Jha – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – This application has been filed for setting aside the order dated 09.05.2018 passed by the Additional Collector, Madhubani in Jamabandi Cancellation Case No.06 of 2017-18, by which the Additional Collector has cancelled the Jamabandi No.472 which was running in the name of the father of the petitioner since 1935.
2. The short facts of this case, as stated in the writ petition, are that the land bearing Khata No. 224, Khesra No. 1004 measuring total area 18 Katthas and 8 dhurs was recorded as Gairmazarua Aam in Cadastral Survey Khatiyan but in the remarks column name of several persons were recorded, who were already in possession of the respective lands. Originally, the land in question belonged to Darbhanga Raj. In the year 1935, about 12 Khatas of land was settled in favour of the father of the petitioner on the basis of his possession over the said land after realizing Rs.58/- as Salami. Thereafter, Jamabandi No.472 was created and the ancestors of the petitioner were in peaceful possession of the said land. After vesting of Zamindari, return of Jamabandi was filed for the said land, rent was paid till the year 2012-13. After creation of jamabandi, the ancesto
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
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.
A Jamabandi can be cancelled if found to be created without jurisdiction or through fraud, reaffirming its administrative nature.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
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