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2002 Supreme(Jhk) 1020

Tapen Sen, J.
Chandra Shekhar Banerjee (in 1214)
Parikshit Mishra (in 1330)
Keshowati Devi & Anr. (in 1331)
Anand Karmakar (in 1741)
Mochi Ram Mahto (in 1923)
Puran Chand Mahto (in 1924) - Petitioners
Vs.
The State of Bihar & Ors. ... Respondents
C.W.J.C. Nos. 1214, 1330, 1331, 1741, 1923 and 1924 of 1995 (R)
Decided On : 13.9.2002

Advocates appeared:
For the Petitioners Mr. N.N. Tiwary (in all).
For the State Mr. R.S. Majumdar (in 1214,1330);Mrs.lndrani Sen Choudhary (in 1331 , 1924); G.P.II (in 1741, 1923).
For the Respondent No.3: M/s S. Choudhary, C.S. Singh (in 1214, 1330 1331, 1923, 1924).

Headnote:Jhamabandi – Revenue Authority cannot decide title, same can only be decided by a competent Court of Civil jurisdiction – Cancellation of jamabandi and setting at naught the right, title and interest at their instance held without jurisdiction. (Para 2)

Judgment

Tapen Sen, J.-In all these cases the Petitioners have prayed for quashing of the order by which Jamabandi of the Petitioners have been cancelled by a Revenue Authority, namely, Respondent No. 2 (Circle Officer/Anchal Adhikari). Heard Mr. N.N. Tiwary, learned Sr. Advocate for the petitioners, Mr. R.S. Majumdar, G.A. and Mrs. Indrani Sen Choudhary, learned SC-III for the State and Mr. S. Choudhary learned counsel for the Respondent No.3.

2. It is a well known concept of law that a Revenue Authority has no jurisdiction to decide the question of title. Any such decision can only be taken by a Court of competent civil jurisdiction and therefore, cancellation of the Jamabandi by such Revenue Authority and setting at naught the right, title and interest at their instance, is therefore without jurisdiction.

3. In that view of the matter the impugned orders are set aside. The parties, if so advised, may get their rights perfected through a Court of competent civil jurisdiction.



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