IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Smt. Pinki Kumari & Ors. - Petitioners
Versus
State of Jharkhand & Ors. - Respondents
W.P.(C) No.4605 of 2016 With W.P.(C) No.4597 of 2016 With W.P.(C) No.4598 of 2016 With W.P.(C) No.4599 of 2016
Decided On : 06-08-2019
Bihar Tenant’s Holding (Maintenance of Records) Act, 1949—Section 14—Cancellation of mutation and rent receipt—Power of Section 14 is to be exercised by Anchal Adhikari for disposal of mutation cases but it nowhere provides power of review or recall of decision taken by Anchal Adhikari—However, if an order is wrong since its inception, it cannot be made lawful by subsequent action/development—A right only when it has a lawful origin—If there is any illegality, same cannot be allowed to be perpetuated and the moment it came to notice of authority concerned and Court of Law, it has to be rectified—Judgment or decree obtained by playing fraud on Court is nullity and non-est in eyes of law—Writ petition dismissed. (Paras 8, 9, 12, 16, 17 and 18)
JUDGMENT :
All these writ petitions are against the common impugned orders, therefore, these writ petitions have been directed to be heard together as per the order dated 06.04.2018 passed in W.P.(C) No.4605 of 2016.
2. In view thereof, all the writ petitions have been listed together and have been heard and now being disposed of by this common order.
3. The writ petitions are against the order dated 01.08.2015 passed in Case Nos.1235/14-15, 1236/14-15, 1237/14-15 and 1238/14-15 by the Circle Officer, Katkamsandi, whereby and whereunder according to the petitioner, without providing any opportunity of hearing and without following due procedure established under the Law, the mutation and rent receipt issued in favour of the petitioners in terms of order dated 31.03.2015 with respect to the land in question have been cancelled by reviewing the order passed by the Circle Officer, Katkamsandi on the basis of the objection filed by the villagers of Gadokhar in the District of Hazaribagh.
4. The brief facts of the case as per the pleading made in these writ petitions are that the petitioners being in need of land situated at village Gadokhar had purchased the same from Vijay Kumar Gupta, Sri Narayan Kumar Gupta and Sri Pradeep Kumar Gupta on a valuable consideration amount and on being agreed, the lands in question have been sold out in favour of the petitioners by virtue of the registered sale deed executed on different dates, thereafter, the petitioners had applied for mutation in their names and on the basis of the application made, the halka karamchari and Circle Inspector had conducted an inquiry on the direction of the Circle Officer and has submitted a report to the effect that the ex-landlord had earlier issued jamabandi in favour of one Md. Safi with respect to the land in question which is prior to abolition of jamabandi with reference that the Government has also issued rent receipt in terms of the receipt issued by the ex-landlord, however, the rent receipt was discontinued to be issued on or after the year 1972.
The Deputy Collector Land Reform, Hazaribagh passed an order for issuance of rent receipt in a regular proceeding and on the basis thereof, the rent receipt was issued and subsequent to the purchase of the land by the petitioners, the necessary correction has been made in the register-2(rent register) and the petitioners are in peaceful possession of the land after its purchase from the said Vijay Kumar Gupta and others but after a while the Circle Officer, suo moto without any knowledge and information to the petitioners made a recommendation to the Deputy Collector Land Reform, Sadar, Hazaribagh for cancellation of mutation issued in favour of the petitioners but Deputy Collector Land Reform has refused to exercise its jurisdiction on the ground that it would not be appropriate to again re-heard the matter for the purpose of cancellation of mutation and accordingly, the record was forwarded to the Additional Collector for further action along with original documents.
The Circle Officer, thereafter has requested the Additional Collector to return the records with respect to the mutation cases by giving reference of the order passed by the Hon’ble Apex Court in the case of Baidyanath Dubey Vs. Devnandan Singh, which states that the Court has inherent power to recall an order obtained by the practicing fraud on it at the instance of the party to the proceeding and further the Court has inherent right to recall its invalid orders and accordingly, the Circle Officer has started a proceeding for cancellation of the mutation already granted in favour of the petitioners and thereafter has passed an order by recalling the order of mutation passed in favour of the petitioner against which, the present writ petitions have been filed.
5. Mr. Ashok Kumar Yadav, learned counsel for the petitioner inter-alia has taken the following grounds in assailing the impugned orders:-
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