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RUDRA PRAKASH MISHRA
Bhola Das – Appellant
Versus
State of Bihar – Respondent
Rudra Prakash Mishra, J.—Heard learned counsel for the petitioner and learned counsel for the State.
2. Following relief(s) have been prayed for in paragraph No. 1 of the writ application:—
(i) Quashing/setting aside the order dated 15.10.16 (Annexure-11) issued by the Respondent No. 4 (Addl. Collector) by which the Jamabandi No. 689 running in the name of the mother of the petitioner namely Late Munari Devi has been cancelled again vide Jamabandi Cancellation Misc. Case No. 17 of 2015-16.
(ii) Quashing/setting aside the order of settlement (Annexure-12 series) issued by the Respondent No. 7 in favour of Respondent No. 8 (Co-operative Society) which was issued without hearing the petitioner.
(iii) Holding and declaring that the whole proceedings initiated before the learned Addl. Collector (Respondent No. 4) for cancellation of Jamabandi vide order dated 15.10.16 (Annexure-11) passed by him is not only without jurisdiction but also a purposeful attempt to oust the petitioner from his khatiyani raiyati lands/tanks at the instance of some anti-social villagers.
(iv) Holding and declaring that the Respondents authorities had no jurisdiction to cancel the Jamabandi of the petitioner over th
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.
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
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