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IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Anil Kumar Singh S/o Late Tilo Singh @ Tilak Dhari Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. jurisdictional issue in land mutation cases (Para 1) |
| 2. title and possession claims over land (Para 2) |
| 3. violation of fair hearing in administrative orders (Para 3) |
| 4. requirement for fresh order considering all evidence (Para 4) |
| 5. writ petition disposal directive (Para 5) |
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
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
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.
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
A Jamabandi can be cancelled if found to be created without jurisdiction or through fraud, reaffirming its administrative nature.
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.
Under welfare schemes, land inheritance rights require verification of the heirs' current status as landless persons.
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