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DEEPAK ROSHAN
Anil Kumar Bajaj – Appellant
Versus
State of Jharkhand – Respondent
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 inheri
Revenue authorities cannot adjudicate on ownership rights; long-standing jamabandi entries must be respected and made visible online for administrative purposes.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
The court emphasized that the order of mutation neither confers nor extinguishes any right of the parties over the land and that the purpose of mutation is only to collect government revenue from a p....
Revenue authorities lack jurisdiction to annul long-standing Jamabandi under Section 4(h) of the Bihar Land Reforms Act, 1950, and actions must be initiated within a reasonable timeframe.
Long-standing Jamabandi cannot be annulled without proper jurisdiction; authorities cannot cancel orders made without lawful authority, as established in the Bihar Land Reforms Act, 1950.
Point of Law : Words “a notice to all persons known or believed to be interested to the effect that the registry will be made” assumes importance in the present case. According to the petitioner, no ....
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.
Mutation proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
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