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SANDEEP KUMAR
Nathuni Singh @ Nathuni Singh Yadav – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard the parties.
2. The petitioner has prayed for following reliefs in this writ petition:—
“I. To quash the order dated 19.05.2017 passed by the Additional Collector, Aurangabad (Repondent No.3) in Jamabandi cancellation Case No. 57/2016-17 / 109/2016-17 (Annexure- 10) cancelling the Jamabandi No. 67/6 pertaining to land of Khesra No. 1712 corresponding to Khata No. 224, Thana No. 155 Mauza Barun without considering any document produced before him.
II. To command and direct the respondents particularly respondent nos. 6 and 7 not proceed with work of construction over the land aforesaid.
III. To command and direct the respondent no. 2 to pay adequate compensation for the land aforesaid and for the Darwaja standing thereon of which forcibly possession has been taken by demolishing the Darwaja (Dochara) in arbitrary manner.
IV. To grant any other relief/ reliefs to which the petitioner may be entitled to.
V. To permit the petitioners to add any relief or reliefs if the occasion so arises.”
3. The case of the petitioners is that ex-landlord of estate Rai Banku Bihari settled 2 bighas and 10 kathas of land by issuing Bandobasti Parwana of Khata No. 224 in favour of Chhat
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.
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.
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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