2024 Supreme(Jhk) 818
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Anil Kumar Bajaj - Appellant
Versus
The State of Jharkhand - Respondent
W.P.(C) No. 3471 of 2023
Decided on : 26-11-2024
Important Points
Subject
Property Law - Land Records
Act Referred
CONSTITUTION OF INDIA : Art.226
Headnote
(B) Jurisdiction of Revenue Authorities - Revenue authorities cannot adjudicate on right, title, and interest; such matters must be resolved in civil court - Long-standing jamabandi cannot be annulled by administrative action. (Paras 12, 17)
(C) Administrative Procedure - The act of making revenue records visible online is clerical and mechanical, not judicial. (Paras 14, 19)
Facts of the case:
The petitioner sought to have his and his father's land records made visible online to facilitate rent payments, claiming long-standing ownership through mutation entries. The State contended that the land was in government possession and raised questions about the petitioner's title.
Findings of Court:
The court held that the jamabandi in favor of the petitioner was valid and could not be annulled by the State, directing the online visibility of the records.
Issues: (i) Whether online entry of Register-II requires jurisdiction akin to creating a new jamabandi? (ii) Can authorities question right, title, and interest for rent acceptance regarding a long-standing jamabandi? (iii) Can authorities deny rent acceptance once a jamabandi is created?
Ratio Decidendi: The court ruled that revenue authorities lack jurisdiction to question long-standing jamabandi and must perform clerical tasks to ensure records are visible online.
Result: Writ petition allowed.
For the Petitioner:Mr. Parth Jalan, Advocate Ms. Shivani Jaluka, Advocate Mr. Bajrang Kumar, Advocate
For the Respondent: Mr. Ratnesh Kumar, (SC, Land and Ceiling-I)
JUDGMENT :
Heard learned counsel for the parties.
2. The instant writ petition has been filed inter alia for issuance of a writ of mandamus upon the Respondent to ensure that the revenue records of the Petitioner and his father with respect to the land appertaining to Khata No. 176, Plot No. 44, admeasuring an area of 23 Kathas, 11 chattak, 25 square feet and 20 katha, 11 chattak, 25 square feet respectively (hereinafter after referred to as the ‘scheduled land’ for the sake of brevity) as contained in Register-II be made visible online.
3. Mr. Parth Jalan Advocate, assisted by Ms. Shivani Jaluka, representing the petitioner submits that the scheduled land is a part of the land falling under Khata No. 176, Thana No. 203, which comprises of Plot No.44 along with the plots within Mouza-Hehal admeasuring a total area of 31.52 acres. This land is recorded in record of rights prepared during the RS Survey (Annexure-1) in the name of the one Ganga Prasad Budhia. Ganga Prasad Budhia sold the entire land admeasuring 31.52 acres (including the scheduled land) to Maharaja Nand Kishore Nath Shahdeo vide a registered sale deed bearing number 6043 dated 10.11.1944. The land was subsequently inherited by the son of the Maharaja namely Arun Nath Shahdeo. Mutation was carried out in the name of the Maharaja in the year 1971.
4. Learned counsel further submits that the land was partitioned between the family members of the Maharaja. In terms of the settlement, 11.02 acres fell in the share of Arun Nath Shahdeo, 7.70 acres fell in the share of Kiran Bala and land admeasuring an area of 6.40 acres each was given to Deepak Nath Shahdeo and Dilip Nath Shahdeo respectively.
The scheduled land fell in the share of Arun Nath Shahdeo and his wife. The Petitioner and his father purchased the land, from Arun Nath Shahdeo and his wife namely Kiran Bala vide registered sale deed(s) bearing number 2242 and 2241, both dated 5.02.1974. (Annexure-2).
Thereafter, the petitioner and his father applied for the mutation of the lands in their name. The said applications were registered as Mutation Case No. 107/R27/73-74 and 108/R27/73-74 respectively. The said applications were allowed vide order(s) dated 28.02.1974 and accordingly the name of the Petitioner and his father were entered in Register-II and correction slip were issued in their favor (Annexure-3).
It has been further submitted by the Ld. Counsel of the Petitioner that pursuant to the orders dated 28.2.1974, the Petitioner has been regularly depositing rent for the scheduled property. Further, the Petitioner had also obtained a sanction for a building plan from the Improvement Trust, Ranchi in the year 1977 and had constructed a building over it, in which the Petitioner is residing peacefully. The Petitioner is also paying rent and municipal holding tax till 2022-23 (Annexure-4).
5. Learned counsel further submits that in the year October 2022, the Petitioner filed a representation before Respondent No. 4, (Annexure-5) stating the entire land antecedent. The case of the Petitioner is that he was having problems in making payment of the revenue rent online as the revenue records of the Petitioner with respect to the scheduled land was not uploaded/visible online. Accordingly, the Petitioner requested that the revenue records of the Petitioner and his father with respect to the scheduled property be uploaded online to enable him to make payment of the rent revenue rent. When no action was taken on his representation, he obtained a certified copy of the Register-II of the scheduled land (Annexure-6) and filed another representation before Respondent No. 3. However, no action was taken and hence the Petitioner was constrained to file the instant writ petition.
6. Mr. Ratnesh Kumar, learned S.C. (L&C) I, at the outset submits that he is also representing SIRD and adopting the Counter-affidavits filed by the Respondent-State. On basis of the counter-affidavit filed on 5th of October 2023, he had submitted that the re