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.

JUDGMENT :

RUDRA PRAKASH MISHRA, J.

1. As prayed for, learned counsel for the State is directed to make necessary correction in the counter affidavit in course of the day.

2. Heard learned counsel for the parties.

3. In this writ application, the petitioner has prayed for following relief:

“(i) For issuance of a Writ in the nature of certiorari for quashing the order dated 05.05.2016, passed in Misc. Case No. 24 of 2015 arising out of Jamabandi Cancellation Case No. 29/14-15 as contained in memo No. 781 dated 12.05.2016 passed by the Collector-cum-District Magistrate, Saran, Chapra by which the Jamabandi as already created in the name of Dakhalkar Raiyat (Petitioner) has been cancelled and further the petitioner has been asked to move the competent authority on the point of validity of the sale deeds.

(ii) For issuance of an appropriate Writ for a declaration that the initiation of Jamabandi cancellation Proceeding and the order dated 21.03.2015 passed by the Additional Collector, Saran Chapra in Jamabandi cancellation Case No. 29/14-15 as well as all the subsequential orders are in teeth of the provisions of Bihar Land Mutation Act and the same has been arbitrarily and malafidely done only to deprive the petitioner from getting the benefit of the amount of compensation, as his Raiyati land is being acquired for the purposes of construction of Ganga Highway (from Digha to Didarganj).

(iii) For issuance of an appropriate Writ holding and declaring that the Raiyati land of the petitioner has to be acquired for the purpose of making Ganga Highway (from Digha to Didarganj) only after proper acquisition as per the Land Acquisition Act and only after giving due compensation to the petitioner in the Acquisition Proceeding, the lands of the could be acquired for the aforesaid purpose for making Ganga Highway (from Digha to Didarganj).

(iv) For issuance of an appropriate writ restraining the respondents to acquire the land of the petitioner for the aforesaid purpose of construction till the matter is finally adjudicated by this Hon'ble Court or in alternative till the compensation at the rate of market value of the land is paid by the Respondents for the land for which the Jamabandi has been arbitrarily cancelled by the Respondents and which is to be acquired for making Ganga Highway (from Digha to Didarganj).”

4. The brief fact, according to the petitioner, is that for construction of Ganga Driveway from Digha to Didarganj, the district authorities of Saran were directed to made available 129.93 acres of land situated under the Sonepur Circle, Village Sabalpur, Thana No. 110 to the Road Construction Department. Following the aforesaid direction, the Road Construction Department together with Circle Officer, Sonepur, marked the land and out of 129.93 acre required land, 88.99 acres of Government land of Thana No. 110 was transferred to the Road Construction Department after obtaining due approval from the Revenue Department, Bihar. For the remaining 40.24 acres of land of Thana No. 110, which were unsurveyed, 99 Raiyats claimed their right and title over it. Thereafter, the office of the District Land Acquisition, Saran directed the Deputy Collector Land Reforms, Sonepur, Saran to submit a report with regard to the claims over the 40.24 acres of unsurveyed land. After receipt of the letter, the Deputy Collector Land reforms, Sonepur, Saran issued notices to all the 99 raiyats, asking them to prove their claim over the land, in question. After notice, 131 applicants appeared and submitted their documents to prove their claim. The Deputy Collector Land Reforms, Sonepur compared the documents from the Revenue records and also made spot enquiry and found that out of 131 claimants, 48 claimants, in whose favour Jamabandi was created, was without order of competent authority and their claims in this respect appeared to be forged and suspicious. As far as 19 claimants in whose favour Jamabandi existed is concerned, actually, no such land was existing