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ANANDA SEN
Makhan Lal Jalan, S/o. Late Chhedi Lal Jalan – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Ananda Sen, J.
In this writ petition, filed under Article 226 of the Constitution of India, the petitioner has prayed to quash the Memo No.891/Vidhi dated 30.11.2020 issued by the Deputy Collector Incharge, Giridih, whereby the request of the petitioner to recall the restriction imposed on the sale of land was rejected. Further, a prayer has been made to issue a mandamus commanding upon the Deputy Commissioner to recall the restrain order as contained in letter No.1632/GO dated 03.09.2016 issued by the Deputy Commissioner, Giridih.
2. Land in question situated in Village Pandeydih under Khata No.6, Police Station Giridih belonged to the ex-landlord M/s Bengal Coal Company. Vide registered Settlement Deed dated 21.02.1912, the land was settled in favour of Babu Bipin Bihari Choudhary. Plot numbers were mentioned as 381 and 382. The said Babu Bipin Bihari Choudhary sold the aforesaid land to Babu Ram Singh and one Bihari Lal Jalan vide registered sale deed dated 28.01.1935, wherein also the details of land was mentioned as Plot Nos.381 and 382 of Khata No.6, Village Pandeydih. Heirs of Babu Ram Singh sold the aforesaid land to Vijay Kumar Jalan son of Bihari Lal Jalan vide regis
The correction of revenue records requires rectification of original documents through a competent Civil Court as per Section 26 of the Specific Relief Act, 1963.
The court confirmed that established land settlements must be respected and that authorities cannot alter classifications of land previously settled without valid justification under law.
Point of law: Authority exercising power under the code has no power to conclude as to whether the breach of the other enactment by the impugned transfer or registered sale deed is made or not.
Point of Law : under section 73 of the Bombay Land Revenue Code it is incumbent duty on the part of the revenue authority on presentation of registered document, prima facie, to post an entry in the ....
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
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