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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Satendra Nath Shahdeo S/o Late Amrendra Nath Shadeo – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's longstanding occupancy and payment of rent. (Para 2 , 3 , 4 , 5) |
| 2. jurisdictional challenge to proceedings under section 4(h). (Para 6 , 7) |
| 3. state's authority and inquiry under the forest act. (Para 8 , 9) |
| 4. court's rationale on jurisdiction and proceedings. (Para 10 , 11 , 12) |
| 5. quashing of the order and proceedings. (Para 13 , 14) |
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. The instant writ petition has been filed, inter alia, for issuance of a writ of certiorari for quashing of the order dated 01.12.2020 passed by Respondent No. 7, wherein direction has been issued for initiation of proceedings under Section 4 (h) of the Bihar Land Reforms Act, 1950. The Petitioner has further sought quashing of entire proceedings initiated on basis of the order dated 01.12.2020 registered as Miscellaneous case (Sandigdh Jamabandi) Case No. 9/2020-21.
3. Learned counsel appearing for the Petitioner has submitted that the land admeasuring an area of 201.50 acres appertaining to Plot No. 402 within Khata No. 149, of Village Lohri, P.O and P.S Tamar, Dist- Ranchi (hereinafter referred to as the scheduled land) was recorded as Gair Majurwa Khas
Jurisdiction of revenue authorities under the Bihar Land Reforms Act cannot override established jamabandi rights without due process and legal authority.
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.
The main legal point established in the judgment is that the settlement made in favor of the vendors of the writ petitioners had already attained finality by the order of the Patna High Court, and th....
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