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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAJESH KUMAR VERMA
Gautam Kumar, Son of Late Maya Shankar Jha – Appellant
Versus
State of Bihar, through the District Magistrate/Collector – Respondent
JUDGMENT :
SUDHIR SINGH, J.
Heard learned counsel for the appellants and learned counsel for the respondents.
2. The present intra court appeal is directed against the order dated 05.01.2024 passed by the learned Single Judge in C.W.J.C. No. 16329 of 2023, whereby the writ petition preferred by the appellants came to be disposed of with liberty to avail appropriate remedy before the competent Civil Court.
3. The facts giving rise to the present appeal, in brief, are that pursuant to the order dated 05.09.2022 passed in CWJC No. 18397 of 2018, the District Magistrate was directed to dispose of the representation by a reasoned order. In compliance thereof, the Collector passed order dated 20.06.2023 holding that the land in question belonged to the State of Bihar and recommending cancellation of the Jamabandi created in favour of the appellants. The appellants contend that the land in question was recorded as Gairmajarua Khas and Bakastha under the possession of their ancestors, and that upon vesting they were entitled to be treated as settled raiyats. Aggrieved by the Collector’s order, they preferred CWJC No. 16329 of 2023, which came to be disposed of by the learned Single Judge releg
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.
Pending title suit precludes mutation orders by authoritative bodies, ensuring adherence to due process and natural justice.
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
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.
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