JUDGMENT :

1. This writ petition has been filed under Article 226 of the Constitution of India, wherein, the order dated 24.05.2013 passed in Jamabandi Cancellation Case No.87/2011-12, whereby and whereunder, the Jamabandi created in the name of the grandfather of the petitioner (Mahendra Singh) has been cancelled.

2. The brief facts of the case, as per the pleading made in the petition, are required to be enumerated, which reads as under:-

It is the case of the petitioners that late Babulal Singh, the grandfather of the petitioner no.1, was recorded owner of the raiyati land situated at Mouza Bowakala, Mouza No.228, Khata No.41, Plot Nos.924 and 926 to 940 and the name was recorded in C.S. record of right duly maintained and kept in the records of the competent authority of the State. In course of enjoyment of the aforesaid land, Late Babulal Singh got settlement of a piece of land in the said village within Mouza no.228, Khata No.118, Plot No.950, measuring an area of 3 acres recorded as Gairabad Malik which is adjoining to the aforesaid raiyati land. It is the further case of the petitioners that the settlement was made by virtue of unregistered patta no.39, dated 06.10.1936 executed and conveyed by landlord of Jharia Raj Estate and Raja Shiva Prasad Singh on the payment of one time salami of Rs.91/-. After the aforesaid settlement in favour of Mr. Babulal Singh, the said land was converted as paddy land and amalgamated with his raiyati land for cultivation. Late Babulal Singh got mutated his name in the Circle Office, Baghmara, Dhanbad, wherein, Jamabandi No.245 was opened by way of accepting rent and against such acceptance, rent receipt was issued in favour of Late Babulal Singh.

It is the case of the petitioners that Late Babulal Singh has died in the year, 1965 and since after his death, his legal heir, namely, Gangadhar Singh inherited the land in question and Sri Gangadhar Singh enjoyed his peaceful possession over the property without any hindrance till his lifetime. After the death of late Gangadhar Singh, the legal heirs, namely, Mahendra Singh and widow of Gangadhar Singh, namely, Kanika Devi, petitioners herein, had inherited the property and were enjoying the peaceful possession over the property.

It is the further case of the petitioners that in the month of July, 2013, the representative of the respondents had demolished the boundary wall erected on the aforesaid land. On enquiry, the petitioner came to know about the order dated 24.05.2013 passed by the Deputy Commissioner, Dhanbad, whereby, the Jamabandi No.245 was cancelled. Thereafter, the petitioner came to know that a Jamabandi Cancellation Case No.87/2011-12 was instituted against late Babulal Singh and accordingly, a notice was issued by the office of the Circle Officer on 27.10.2011 against late Babulal Singh, wherein, late Babulal Singh was directed to appear along with all records and relevant documents in the office of the Circle Officer, Baghmara, Dhanabd on 14.11.2011. It is the case of the petitioner that the Deputy Commissioner, Dhanbad, vide order dated 24.05.2013 was pleased to cancel the Jamabandi No.245 in favour of late Babulal Singh for the land situated at Mouza No.228, Mouza Bowakala, Khata No.118, Plot No.950 for the land measuring 9 acres.

According to the petitioners, the Deputy Commissioner, had acted mechanically and arbitrary manner and has passed the impugned order dated 24.05.2013 without applying its judicious mind.

It is also the case of the petitioners that no notice was ever issued to the legal heir of late Babulal Singh.

According to the petitioners, the Deputy Commissioner has failed to take into consideration that the authority concerned was accepted the rent from the petitioner’s predecessors-in-interest since very long time and it is settled position of law that a long standing Jamabandi cannot be cancelled and the respondents cannot claim such at the belated stage, and as such, the Deputy Commissioner had exceeded its j