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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR, J.
Amrendra Kumar Singh, son of Late Deoki Nandan Prasad Singh and Anr. – Petitioners
Versus
The State of Bihar and Ors. - Respondents
Civil Writ Jurisdiction Case No.24974 of 2018
Decided On : 07-11-2022
BLDR Act - Land Dispute - Section 4(5) - Summary of Acts and Sections: BLDR Act, 2009, Bihar Mutation Act, 2011 - The court discussed the provisions of the BLDR Act, 2009 and Bihar Mutation Act, 2011, emphasizing that long-standing Jamabandi cannot be cancelled in a summary proceeding and that the DCLR has no jurisdiction to cancel the Jamabandi.
Fact of the Case:
The petitioners challenged the order passed by the Bihar Land Tribunal regarding the cancellation of Jamabandi and declaration of the land as Qaisar-e-Hind land. The petitioners claimed ancestral rights and possession of the land for over 68 years.
Finding of the Court:
The court found that the cancellation of Jamabandi and declaration of the land as Qaisar-e-Hind land was beyond the jurisdiction of the DCLR and the subsequent orders were also quashed.
Issues: The issues revolved around the jurisdiction of the DCLR to cancel the Jamabandi and declare the land as Qaisar-e-Hind land, and the validity of the subsequent orders passed by the Divisional Commissioner and the Bihar Land Tribunal.
Ratio Decidendi: The court held that long-standing Jamabandi cannot be cancelled in a summary proceeding and that the DCLR has no jurisdiction to cancel the Jamabandi.
Final Decision: The orders passed by the DCLR, Divisional Commissioner, and Bihar Land Tribunal were quashed.
ORDER :
Heard the learned Senior Counsel, Mr. P.N.Shahi assisted by Mr. Sumeet Kumar Singh, for the petitioners, learned Counsel for the State and Smt. Vagisha Pragya Vacakanavi, learned Counsel for the private respondent.
2. The present writ application has been filed by the petitioners wherein order passed by the Bihar Land Tribunal (hereinafter referred to as “Tribunal”) in BLT Case No. 240 of 2014 dated 14.03.2018 has been challenged.
3. At the outset, learned Senior Counsel, Mr. P.N. Shahi has taken this Court to I.A. No. 1 of 2022, which has been filed challenging the order dated 11.05.2012 passed in BLDR Case No. 45 of 2011 (Annexure – P/11 to the I.A.), passed by the D.C.L.R., Sadar, Munger by which the application filed by the petitioner has been dismissed and the D.C.L.R. has assumed the jurisdiction of the Additional Collector and has decided the land to be Qaisar-e-Hind land and further directed to cancel the jamabandi. In the said Interlocutory Application, the petitioner has also challenged the order dated 30.10.2013 passed by the Divisional Commissioner, Munger Division, Munger for setting aside the L.D.R. Appeal No. 165 of 2012 by which the Divisional Commissioner has dismissed the appeal preferred by the present petitioner (Annexure – P/12 to the I.A. The said I.A No.1 of 2022 is allowed as the same has been filed challenging the initial orders which ultimately merged in the final order dated 14.03.2018 of BLT, Patna.
4. The property in dispute is situated in Mauza – Binda Diyara, Mirza Bahiyar, Thana No. 386, Tauzi No. 1351, Khata No. 519, Plot No. 19 total area of 26 acre which was originally existing in the name of Late Deoki Nandan Prasad Singh in the records as Gairmajarua Malguzar. The Jamabandi existing in the name of petitioner no. 1 is Jamabandi No. 19, namely Amrendra Kumar Singh with regard to plot no. 384, area 2 Acre 50 decimal etc. The Jamabandi existing in the name of petitioner no. 2 is Jamabandi No. 20 (Old) with regard to plot no. 378, area 1 Acre 50 decimal etc. The petitioners along with one Brajesh Kumar has filed an application before the L.R.D.C., Sadar Munger (Annexure–P/13) to the I.A. The said application was filed by the petitioners on 30.11.2011 and the entire land was mentioned as of the petitioners and their family members situated in Mauza – Binda Diara, Mirza Bahiyar, Tauzi No. 1351, Thana No. 386, Pargana – Parkhiya, P.S. – Bariyarpur, District– Munger.
5. In the said BLDR Case No. 45 of 2011, private opposite party has inter alia appeared and objected the aforesaid application, but the LRDC, Munger (Sadar) has observed that the land in question is “Qaisar-e-Hind” land and thus any Bandobasti is void and directed the Circle Officer, Sadar Munger to cancel the Jamabandi existing in the name of the present petitioners and others in Mauza–Binda Diara, as the land in question is “Qaisar-e-Hind” property, any Bandobasti is void and further State was directed to appear in Title Suit No. 70 of 2011 with regard to land situated in Plot No. 378 and 384.
6. Aggrieved by the said order, an appeal was preferred by the present petitioners vide L.D.R No. 165 of 2012 before the Divisional Commissioner, Munger, who after hearing the parties dated 13.10.2013 held that the land in question is Government land and any Jamabandi existing in the name of the parties is illegal and thus held that the order passed by the DCLR, Sadar Munger dated 11.05.2012 is correct and Circle Officer was directed to enter the name of the government with regard to the land in question. Being aggrieved by the said order, the present petitioners thereafter approached before the Bihar Land Tribunal which the petitioners claimed that the land in question is the ancestral land and after the abolition of Zamindari, the name of the ancestors of the petitioners were recorded in Anchal record and thereafter Jamabandi have been created in the name of the petitioners and have been paying the rent to the State of Bihar. The petiti
Long-standing Jamabandi cannot be cancelled in a summary proceeding and the DCLR has no jurisdiction to cancel the Jamabandi.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
The authority under the Bihar Right to Public Grievances Redressal Act, 2015 did not have the jurisdiction to cancel the long-standing Jamabandi in a summary proceeding and the cancellation violated ....
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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.
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