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K. VINOD CHANDRAN, HARISH KUMAR
Ramowtar Lakhotia – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J. – We have heard Mr. Gautam Kumar Kejriwal, learned advocate for the petitioner and Md. Khurshid Alam, learned AAG-12 for the respondents.
2. The challenge in the present writ petition under Article 226 of the Constitution of India is to the vires of Section 9(1) of the Bihar Land Mutation Act, 2011 (hereinafter referred to as ‘the Act, 2011’) and Rules 13(11) and 13(12) of the Bihar Land Mutation Rules, 2012 (hereinafter referred to as ‘the Rules, 2012’). What is challenged is the power conferred upon the Additional Collector “to dispossess a person from the land in question, whose Jamabandi has been cancelled and to put in possession the legitimate owner/custodian of such land on such terms as may appear to the Additional Collector to be fair and equitable”, alleged to be ultra vires the Constitution of India, as such part of the legislation is beyond the scope & ambit of Entry 45 of List II of Schedule VII of the Constitution of India.
3. The petitioner seeks a declaration that Section 9(1) of the Act, 2011 and Rule 13(11) and 13(12) of the Rules, 2012 to the extent it confers power upon the Additional Collector to dispossess a person from such land, on cancellatio
Land rights of privileged tenants prohibit transfer under various acts, rendering deeds void if executed contrary to statutory provisions.
Revenue authorities lack jurisdiction to annul long-standing Jamabandi under Section 4(h) of the Bihar Land Reforms Act, 1950, and actions must be initiated within a reasonable timeframe.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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 ....
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.
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