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RAJESH SHANKAR
Shobha Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. W.P.(C) No. 2073 of 2020 has been filed for quashing the show cause notice dated 12.02.2020 issued by the Circle Officer, Kanke Circle, Ranchi-respondent no.2 in Misc. Case no.11 of 2019-20, whereby the petitioner has been asked to file reply to the said show cause notice explaining as to why her Jamabandi opened for the land, appertaining to Khata no.87, plot no.1232, Mouza Chama, Thana no.55, measuring an area of 10 decimals, be not cancelled under the provision of Section 4(h) of the Bihar Land Reforms Act, 1950. Further prayer has been made for quashing the entire proceeding of Misc. Case No.11/2019-20 initiated for cancellation of the petitioner’s Jamabandi over the land in question.
2. W.P.(C) No. 3691 of 2020 has been filed for quashing the show cause notice dated 12.02.2020 issued by the Circle Officer, Kanke Circle, Kanke, Ranchi in Misc. Case no.08 of 2019-20, whereby the petitioner has been asked to file reply to the said show cause notice explaining as to why her Jamabandi opened for the land, appertaining to Khata no.87, plot no.1232, Mouja Chama, Thana no.55, measuring an area of 50.90 decimals, be not cancelled under the provision of Section 4(h) of the Bih
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
The court emphasized the importance of verifying the legality and validity of the cancellation of the Jamabandi, especially in light of the earlier dropped proceeding and the existence of a pending t....
Long-standing Jamabandi cannot be cancelled in a summary proceeding and the DCLR has no jurisdiction to cancel the Jamabandi.
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