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IN THE HIGH COURT OF JUDICATURE AT PATNA
SATYAVRAT VERMA
Mukesh Raj Re-Rolling Mills Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. court acknowledges presence of authorities. (Para 1 , 2) |
| 2. factual background on land settlement and mutations. (Para 3 , 4 , 5) |
| 3. petitioners argue against illegality of cancellation. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court observations on authority’s inaction and implications. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. writ application resolved, with directives for future actions. (Para 18 , 19 , 20) |
JUDGMENT :
SATYAVRAT VERMA, J.
1. Heard learned counsel for the petitioners and learned AC to SC-12 for the State.
2. The Additional District Magistrate and the Circle Officer, Khagaria in compliance of the order dated 10.02.2025 are present in the Court. The Circle Officer and the Additional District Magistrate, Khagaria in one voice submitted that a mistake has been committed and such mistake will not be committed in future. The A.D.M. also submitted that the Jamabandi Cancellation Cases, which were registered in her Court, for which I.A. No.01 of 2025 has been filed, presently has been stayed and the same shall be withdrawn.
3. The learned counsel for the petitioners submits that the land measuring 21 Bigha pertaining to Mauza- Chak Bhadaul in the District of Khagaria was s
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
Long-standing Jamabandi cannot be cancelled in a summary proceeding and the DCLR has no jurisdiction to cancel the Jamabandi.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
Long-standing post-vesting Jamabandi cannot be cancelled by revenue authorities without statutory authority; title and possession disputes must be resolved exclusively by civil courts.
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.
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 ....
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