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RUDRA PRAKASH MISHRA
Amresh Kumar S/o Late Jagdish Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
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:
(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 o
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 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 ....
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
Long-standing Jamabandi cannot be annulled without proper jurisdiction; authorities cannot cancel orders made without lawful authority, as established in the Bihar Land Reforms Act, 1950.
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