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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Sanjay Kumar Agarwal son of Shyam Sunder Agarwal – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Revenue/Land Reforms, Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. description of land settlement history and legal heirs. (Para 2 , 3) |
| 2. arguments on behalf of the petitioners and state. (Para 4 , 5) |
| 3. court's analysis of the actions of state authorities. (Para 6 , 7 , 8) |
| 4. relevant legislative provisions regarding land transfer rights. (Para 9 , 10 , 11) |
| 5. court's decision on the validity of sale deed and implications. (Para 12 , 13 , 14) |
| 6. final judgment and dismissal of writ petition. (Para 15 , 16) |
JUDGMENT :
Heard Mr. Nihal Beg, learned counsel appearing on behalf of the petitioners and Mr. Neeraj Raj, learned AC to GA- 8 for the State.
2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter:-
"(i) For issuance of an appropriate writ, order or direction for quashing the exparte order dated 15.06.2021 in Parcha Cancellation Case No. 62/2018-19 passed by the respondent Collector, Kishanganj most arbitrarily and quite malafidely cancelled the settlement of the land of the petitioners' vendor of the year 1976 and also cancelled Jamabandi of the petitioners created by then Circle Officer on the basis of the sale deed dated 07.11.2009 executed i
Land rights of privileged tenants prohibit transfer under various acts, rendering deeds void if executed contrary to statutory provisions.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
The judgment emphasizes that ownership established by past legal documents cannot be disregarded without substantial evidence and must be addressed through civil proceedings.
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.
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 ....
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.
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.
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