PRABHAT KUMAR SINGH
Rambha Singh – Appellant
Versus
State of Bihar – Respondent
Prabhat Kumar Singh, J. – Heard learned counsels for the parties.
2. This writ application has been filed for the following reliefs: –
“I. For setting aside the order dated 28.06.2022 passed by the Additional Collector, Darbhanga in Jamabandi Cancellation Case No. 84 of 2021-22 by which, in exercise of the power under Section 9 of the Bihar Land Mutation Act, 2011, he has cancelled the long standing Jamabandi No. 278 without appreciating and considering the legal as well as factual aspect of the matter.
II. For direction to the respondent to restore the Jamabandi No. 278 standing in the name of of the petitioner as the petitioner is in possession over the land in question being the title holder.
III. For grant of any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.”
3. It is submitted by learned counsel appearing on behalf of the petitioner that the present dispute relates to the land bearing Thana No. 501, Khata No. 27, Plot No. 218, having an area of 9 katha, situated at Mauza- Behat, District- Darbhanga. It is submitted that the Additional Collector, Darbhanga (Respondent No. 3), exercising jurisdiction under Section 9 of
State of Bihar through the Collector, Siwan vs. Harendra Nath Tiwari
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
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 court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.