Alok Kumar Pandey, J.—Heard the parties.

2. Learned counsel for the petitioners is permitted to make necessary correction in para-2 of the writ petition during course of the day.

3. In the instant petition, petitioners have prayed for the following relief(s):—

[A] For issuance of an appropriate writ for setting aside the notice dated 05- 09-2024 issued in connection Jamabandi Cancellation Case No-42/2024-25 (Temp Filing No-17417 dated 05- 09-2024) from the office of Additional Collector, East Champaran whereby petitioners were asked to show cause as to why the Jamabandi running in the name of petitioners i.e. 2639 and 2640, 2653 with respect of Land pertaining to Mauza Chorma, Thana No-142, Khata No- 105, Khesra No- 09 is not be cancelled.

[B] For issuance of an appropriate order staying the further proceeding of the Jamabandi Cancellation Case No- 42/2024-25 (Temp Filing No-17417 dated 05-09-2024) pending before the Additional Collector, East Champaran.

[C] For any other relief and reliefs for which the petitioner is entitled in the opinion of this Hon'ble High Court.

4. Learned counsel for the petitioners has submitted that Jamabandi No. 2640 and 2653 was running in the name of petitioner no. 1 and Jamabandi No. 2639 was running in the name of petitioner no. 2. Learned counsel further submits that petitioners have limited grievance that notice regarding cancellation of jamabandi has been initiated by Additional Collector, East Champaran, Motihari. He has submitted that in order to initiate cancellation of jamabandi notice, there must be material to form the opinion for initiating the notice for cancellation of jamabandi which is totally missing in the notice issued by the concerned Additional Collector.

5. Learned counsel on behalf of the State has submitted that only khata and khesra number is mentioned in the notice issued by the concerned Additional Collector and there is no any material upon which opinion is formed for initiation of cancellation of jamabandi proceeding.

6. Learned counsel for the petitioners has submitted that issue involved in the present writ petition is identical and similar to Civil Writ Jurisdiction Case Nos. 19368 of 2021, 16269 of 2024 and 3336 of 2024 decided by coordinate Bench of this Court (Annexure-P/10 series).

7. Section 9 of the Bihar Land Mutation Act, 2011 contemplates that 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. It would be better to quote Section 9(1) of the Bihar Land Mutation Act, 2011, which is as follows:—

“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.”

8. In the show-cause notice, which is underchallenge, no ground has been assigned. The notice dated 05.09.2024 is quoted here-in-below:—

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Temp. Filing No-17417 Date-05-09-2024

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