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ANSHUMAN
Shambhu Singh @ Shambhu Narayan Singh – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J.—Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed for the following reliefs:—
“(a) For issuance of an appropriate writ for setting aside the notice dated 05.09.2024 issued in connection with Jamabandi Cancellation No.42/2024-25 (Temp Filing No.17417 dated 05.09.2024) from the office of Additional Collector, East Champaran whereby petitioner is asked to show cause as to why the Jamabandi running in his name i.e., Jamabandi No.324 with respect of land pertaining to Mauza Chorma, Thana No.142, Khata No.105, Khesra No.09 be not 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.”
3. Learned Counsel for the petitioner submits that the land, which is subject matter of the present case is as mentioned in the impugned notice i.e., Khata No.105, Plot No.9, area 70 Bigha 2 Katha 4 Dhur, recorded in the name of Zeerat Malik
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.
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 ....
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.
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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