IMPORTANT POINT
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.

ORDER :

1. The instant writ application has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:-

“(i) Quashing/Setting aside the order dt. 16.07.2025 (Annx-P/11) passed by the learned Addl. Collector, Munger in Jamabandi Cancellation Case No. 11 of 2023-24 (State Vs. Tilo Singh, Ghanshyam Singh & others) whereby whereunder the Jamabandi No. 174 and jamabandi Page no.54, 55 & 56 of Bhag Sankhya no.11 (Division no. 11) have been cancelled under section 9 of the Bihar Land Mutation Act, 2011.

(ii) Holding and declaring that learned Addl. Collector (Resp. no.3) had no jurisdiction to cancel the long standing Jamabandi No. 174 and other related Jamabandi Page no.54, 55 & 56 of Bhag Sankhya -11 (Division no.11) relating to the petitioners' land

(iii) Holding and declaring that the issuance of impugned Notice dt. 17.07.2023 (Annx-P/7) issued by the Addl. Collector in Jamabandi Cancellation Case No.11 of 2023-24 itself was illegal, without jurisdiction and contrary to the laws laid down by this Hon'ble court.

(iv) Holding and declaring that the petitioners and prior to them their predecessors-in-interest were the valid title holders and they had continuous possession and valid rights and interest over the lands in question by virtue of settlement & the sale deeds and hence the whole actions taken against them by cancelling their Jamabandi are arbitrary and non-est in the eyes of law.

(v) Restoring the Jamabandi no. 174 and Jamabandi Page No. 54, 55 & 56 of Bhag Sankhya-11 (Division No.11) which were running in the name of the petitioners.

(vi) Restraining the Respondents authorities from interfering into peaceful possession of the petitioners over the lands in question.

(vii) Granting any other relief/reliefs for which the petitioners may be found entitled to.”

2. Mr. Shashi Nath Jha, learned counsel appearing for the petitioners submits that the land in question belonged to the erstwhile Zamindar of Banaili Raj in Bhagalpur District and subsequently, the land was settled in favour of one, Bisho Singh, by the then Zamindar much prior to the abolition of Zamindari System. Subsequently, the land in question measuring 62.5 Decimal came in possession of one Chotan Singh who was the own brother of settlee Bisho Singh and thereafter, the said Chotan Singh transferred the said land measuring 62.5 Decimal through registered sale deed dated 15.10.1963 in favour of one Tilo Singh @ Tilakdhari Singh, the father of the present petitioners. After that, settlee Bisho Singh also transferred 01 Acre 24 Decimal land vide registered sale deed dated 23.07.1970 in favour of petitioners’ father and accordingly, petitioners’ father came in possession over the land measuring total area of approx 01 Acre 87.5 Decimal relating to Khata No. 47 and Plot No. 40 and consequently, the Jamabandi No. 174 was created in favour of petitioners’ father and after the death of petitioners’ father, four separate Jamabandis were created in favour of the petitioners and one Gopal Singh. It is further submitted that since the time of purchase and creation of Jamabandi in favour of petitioners’ father and thereafter, in favour of the petitioners, the rent receipts of the lands in question had been issuing in favour of the petitioners and the relevant entries in Register-II are also in favour of the petitioners’ father but suddenly in February, 2023, the concerned Circle Officer vide his order dated 13.03.2023 passed in the Case No. 04 of 2022-23, recommended the petitioners’ Jamabandis for cancellation to the Additional Collector but all these relevant and important documents clearly showing the petitioners’ title and possession over the land in