Heard learned counsel for the parties.

2. The present writ petition has been filed for quashing the order dated 23.07.2008 passed by the Additional Collector, Ranchi (respondent No.3) in Misc. Case No. 26/2007-08 (Annexure-6 to the writ petition) whereby, the Zamabandi running in the name of the petitioner, has been cancelled.

3. The factual background of the case is that the land under R.S. Khata No. 47, R.S. Plot No. 1496, area 5 acres, situated at Village-Dubaliya, District-Ranchi [hereinafter referred to as 'the said land'] was purchased by the petitioner by way of registered deed of sale dated 14.02.1991. After purchase, the said land was mutated in the name of the petitioner by the Circle Officer, Kanke vide Mutation Case No. 800R-27/1990-91 and thereafter he had been paying the rent to the Government. Suddenly, after 2003, the Circle Officer, Kanke Anchal, Ranchi refused to issue rent receipt for the said land and when the petitioner inquired about the matter, he came to know that issuance of rent receipt was stopped pursuant to an order of the Additional Collector, Ranchi, contained in Memo No. 36 dated 25.01.2003. The petitioner, thereafter, filed an application being Misc. Case No. 26/2007-08 before the respondent No.3 for regularizing the issuance of rent receipt wherein the Circle Officer, Kanke submitted a report with a recommendation for cancellation of Zamabandi running in the name of the petitioner. The respondent No.3 passed the impugned order dated 23.07.2008 for cancellation of Zamabandi running in the name of the petitioner holding that the Register-II does not disclose as to on what basis the names of the vendor of the petitioner, namely, Bindeshwari Sahu and others have been entered in Register-II.

4. The learned counsel for the petitioner submits that the said land was settled by the ex-landlord in the name of Surajnath Sahu by way of Hukumnama dated 22.10.1949 and the names of the sons of the settlee, namely, Bindeshwari Sahu and others were entered in the Register-II and they also paid rent for the said land. A proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 being Case No. 2/1983 was also initiated against Bindeshwari Sahu, Balchand Sahu and Naresh Sahu, which was finally dropped. It is further submitted that during the survey and settlement operation, the draft record of rights had been prepared wherein the nature of the said land was recorded as 'Anabad Bihar Sarkar' and then the petitioner filed objection under Section 89 of the C.N.T Act being Case No. 272 of 1991 and finally vide order dated 05.01.1993, a direction was issued for deleting the name of 'Anabad Bihar Sarkar' with further direction that a separate Khata be opened in the name of the petitioner. Learned counsel further submits that the impugned order has been passed in violation of the principle of natural justice. It is also submitted that since the date of purchase, the petitioner is enjoying his right, title, interest and possession over the said land, which is evident from the 'Banda Purcha' (Annexure-9 to the supplementary affidavit dated 31.08.2017).

5. Learned counsel for the petitioner submits that the petitioner approached the Additional Collector, Ranchi ventilating his grievance against non-acceptance of the rent which he was paying since 1991, however, on the said application, the Additional Collector, Ranchi, in a most arbitrary manner, passed the impugned order dated 23.07.2008 (Annexure-6) cancelling the Zamabandi of the petitioner itself.

6. Learned counsel for the petitioner puts reliance on a judgment rendered by this Court in the case of Jitan Mahto & Anr. Vs. The State of Bihar & Ors. reported in 2004 (1) JLJR 718 and submits that the revenue authorities have no jurisdiction to cancel the Zamabandi running in the name of a raiyat/tenant. The remedy with the State authorities is to take recourse before the Civil Court of appropriate jurisdiction for declaration of right, title and interest over the