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SATYAVRAT VERMA
Ram Naresh Roy – Appellant
Versus
State of Bihar – Respondent
Satyavrat Verma, J.—Heard Sri Chitranjan Sinha learned Senior Counsel for the petitioners and learned AC to GP-2.
2. Learned Senior Counsel before making submissions on merits of the case straightway draws the attention of the Court to Section 9 of the Bihar Land Mutation Act, 2011 which incorporates cancellation of Jamabandi.
“9. Cancellation of Jamabandi.—(1) The Additional Collector, either suo motu or on an application, shall have the power to make inquiries in respect of any Jamabandi, which has been created in violation of any law for the time being in force or in contravention of any executive instruction issued in this behalf. The Additional Collector, in whose jurisdiction the land is situated, may, after giving reasonable opportunity to the parties concerned to appear, adduce evidence and be heard, cancel such Jamabandi, dispossess the person claiming under it and deliver the possession to the legitimate owner/custodian, on such terms as may appear to the Additional Collector to be fair and equitable.
(2) The jamabandi shall not be cancelled under sub-section (1) without giving reasonable opportunity to the parties, having interest in that jamabandi, of being heard.
(3) Any p
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.
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