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2010 Supreme(Jhk) 916
IN THE HIGH COURT OF JHARKHAND
Dabbiru Ganeshrao Patnaik, J.
Yubraj Tiwary - Petitioner
Vs.
The State of Jharkhand And Others - Respondents
W.P. (C) No. 193 of 2004
Decided On : 19-02-2010
For the Petitioner: A.K. Das
For the Respondent: A.K. Sahani
The presumption in law regarding the creation of Jamabandi and the grounds for cancellation under the Bihar Land Reforms Act were central to the judgment.
Headnote:
Jamabandi - Land Dispute - Bihar Land Reforms Act - Sections 4, 5, 6, 7, 8 - The court discussed the creation and cancellation of Jamabandi, the assessment of rent, and the legal implications of long-standing Jamabandi. It highlighted the presumption in law regarding the creation of Jamabandi, the grounds for cancellation under Section 4(h) of the Bihar Land Reforms Act, and the authority of revenue authorities to cancel Jamabandi.
Fact of the Case:
The petitioner's appeal against the cancellation of the running Jamabandi was dismissed by the Additional Collector and the Commissioner. The private respondents claimed continuous possession of the land and sought cancellation of the Jamabandi in their favor.
Finding of the Court:
The court held that the impugned orders were unsustainable in law and quashed them. It allowed the private respondents to approach the civil court for appropriate relief.
Issues: Dispute over the creation and cancellation of Jamabandi, assessment of rent, and possession of the land.
Ratio Decidendi: A running Jamabandi can only be cancelled under specific circumstances mentioned in Section 4(h) of the Bihar Land Reforms Act. Revenue authorities cannot cancel Jamabandi without established grounds of fraud or misrepresentation.
Final Decision: The impugned orders were quashed, and the petitioner's writ application was allowed without costs.
JUDGMENT :
D.G.R. Patnaik, J.
Heard counsel for the parties.
2. Challenge in this writ application is to the order dated 25.06.2006 passed by the Additional Collector, Palamau in Revenue Appeal No. XV73/1992-93 whereby the petitioner's appeal against the order of the subordinate authority cancelling the running Jamabandi of the petitioner, was dismissed. Challenge also is to the order dated 21.07.2003 passed by the Commissioner, Palamau Division, Daltonganj in revenue Revision No. 83/96 whereby the revision application filed by the petitioner against the impugned order dated 27.05.1996 of the Additional Collector in Revenue Revision No. XV115/1992-93, was dismissed.
3. The private respondent Nos. 6 to 8 have offered contest in this writ application by filing their counter affidavit.
Despite repeated opportunities, no counter affidavit has been filed on behalf of the respondent State.
4. The case of the petitioner is as follows:-
The land measuring 1.6 acres under Khata No. 10, Plot No. 1319 in village Ornar within P.S. Chainpur district Palamau, was recorded in favour of one Nakchhadi Chamar, son of Jitan Chamar as Kayami. The original raiyat of the land was one Kailash Tiwari, son of Basudeo Tiwari who was the original landlord and ancesstor of the present petitioner.
The khatiyan pertaining to the land would confirm that Nakchhadi Chamar was not in continuous possession of the land and used to pay rent only when he used to cultivate the land.
Subsequently, Nakchhadi Chamar abandoned the land and left the village and consequently the land reverted to original landlord who came in exclusive possession over the land treating the land as "Bakast".
Upon the abolition of Jamindari and vesting of Jamindari interest, the landlord filed returns accordingly under the Bihar Land Reforms Act. Thereafter the land was recorded in the revenue records as "Uttakar".
After the death of the original landlord Basudeo Tiwari, his four sons namely Jadunandan Tiwari, Ram Bilash Tiwari, Raghyunandan Tiwari and Kailash Tiwari inherited the property and as per family arrangement and partition between them, the land measuring 1.20 acres was allotted to Ram Bilash Tiwari while the remaining 0.40 acres was allotted to the share of Kailash Tiwari. After the allotment of the partitioned lands, they being the intermediaries were allowed to retain the possession of the land and became the raiyat of and land in question by paying rent and exercising occupancy rights, under the provisions of Section 6 of the Bihar Land Reforms Act.
The rent as payable by the aforesaid intermediaries was assessed under the provisions of Sections 4, 5 and 6 of the Bihar Land Reforms Act in A.R. Case No. 806, 808 and 809 of the year 1955-56. The orders passed in the Rent Fixation Case became final in absence of any objections or appeal filed by any person whatsoever.
5. After about 40 years, the Respondent No. 5 to 7, claiming themselves to be the descendants of Nakchhadi Chamar, filed a petition before the Circle Officer for cancelling the Jamabandi which was running in favour of the present petitioner. The Circle Officer forwarded the petition along with his recommendation for cancellation of the Jamabandi to the Land Reforms Deputy Collector, Sadar, Palamau on the basis of which Case No. 26 of 1990-9 1 was initiated.
However, after hearing the parties, the L.R.D.C., by passing a reasoned and speaking order, rejected the proposal for cancellation of Jamabandi which was running in the name of the petitioner.
6. Against the order of the L.R.D.C., the private respondent Nos. 5 to 7 preferred a revision application vide Revenue Revision No. 71 of 1992-93. The revisional authority, by his order dated 27.05.1996, allowed the revision application of the private respondents on the ground that there was no proper enquiry conducted at the time of making the rent assessment in favour of the petitioner. On the other ground that no documents regarding any proceeding u/s 73 of the C.N.T. Act was produced
