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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Dhani Gope, Son of-Late Gurde Gope @ Gurdi Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
The instant writ application has been preferred by the petitioner praying therein for quashing of the entire proceeding being Sandhyathmak Jamabandi Case No. 26 of 2020-21 (impugned proceedings) along with the impugned order dated 23.12.2022 initiated against the petitioner on the ground that the entire proceedings are in violation to the principles of natural justice and is without jurisdiction.
2. Learned counsel of the petitioner has submitted that the land forming subject matter of the instant petition is situated within Mouza-Yadutnad, Khata No. 1/50 appertaining to Plot No. 97/638, Plot No. 97/639 and Plot No. 97/640 (hereinafter referred to as the scheduled land). The scheduled land was settled in the favour of petitioner by the then Manager of the Estate, one Mr. B.P Singh vis-à-vis Hukumnama dated 15.10.1947. The Hukumnama was followed by the issuance of a rent receipt and delivery of effective raiyati possession. Learned counsel has further submitted that the petitioner remained in possession over the scheduled property for a period of 12 (twelve) years and acquired the status of an occupancy raiyat.
Once the Bihar Land Reforms Act, 1950 came into
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 post-vesting Jamabandi cannot be cancelled by revenue authorities without statutory authority; title and possession disputes must be resolved exclusively by civil courts.
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.
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.
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