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2009 Supreme(Jhk) 208

AMARESHWAR SAHAY, R.R.PRASAD
Jagdeo Mahto – Appellant
Versus
Commissioner, North Chotanagpur Division, Hazaribagh – Respondent


Advocates appeared:
For the Appellant :Mr. Indrajit Sinha, Advocate. Mr. V.K. Prasad, Advocate.
For the State : Mr. Ram Prakash Singh, J.C. to G.P. – II
For the Respondent No.6:Mr. Anil Kumar Sinha, Sr. Advocate. Mr. Rahul Kumar, Advocate.
For the Respondent No.8:Mr. Manjul Prasad, Advocate. Mr. Praveen Kumar, Advocate. Mr. D.K. Pathak, Advocate.

JUDGMENT

Amareshwar Sahay, J. In this appeal, the appellant has challenged the order dated 09.08.2006 passed in W.P.(C) No. 881 of 2002 by which the learned Single Judge, disposed of the writ petition without interfering with the orders which were challenged in the writ petition. The learned Single Judge by relying on a decision of the Patna High Court in the case of “Sitaram Choubey Vs. State of Bihar reported in 1993(2) PLJR 255” held that creation of Jamabandi neither creates any right and title in favour of one or other nor cancellation of Jamabandi extinguishes right and title of actual owner and, therefore, the impugned orders will not affect the right and title of actual owner and further that the disputed question of fact cannot be decided in the writ jurisdiction. It was observed that the aggrieved person may move the Court of competent jurisdiction for appropriate relief.

2.The facts in short are that the appellant/writ petitioner filed the aforesaid W.P.(C) No. 881 of 2002 before this Court challenging the order dated 08.07.2001 passed by the Land Reforms Deputy Commissioner, Ramgarh as well as the Order dated 24.04.2001 passed by the Additional Collector, Hazaribagh as






















































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