Jurisdiction of revenue authorities under the Bihar Land Reforms Act cannot override established jamabandi rights without due process and legal authority.

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 land of the then landlord, namely Pradhan Radha Mohan Nath Shahdeo. The then landlord settled the land in favour of his son namely Amrendra Nath Shahdeo following which rent receipts were issued in his favour. The land thereafter has been in continuous possession of the legal heir of Amrendra Nath Shahdeo.

On basis of the above settlement, returns were filed by the landlord as per Bihar Land Reforms Act, 1950 and proceeding being Case No. 204R8/1956-57 was initiated for determination of Fair and equitable rent. After due verification by the concerned authorities, Form-M was issued in the favour of Amrendra Nath Shahdeo. Pursuant thereof, the name of Amrendra Nath Shahdeo was entered in Register-II and rent receipts were issued in his name. Amrendra Nath Shahdeo passed away in 1980 and was survived by the Petitioner, who is before this Court.

4. It has been further submitted that since the demise of Amrendra Nath Shahdeo, the Petitioner has been paying rent from time to time and manual rent receipts were issued in their name by Respondent No. 9. The seeds of the instant lis were planted when the process to digitise the land records of the State of Jharkhand started and Petitioner could not generate online rent receipt for the scheduled land. The Petitioner filed an application before Respondent No. 9 for issuance of online rent receipts on basis of which a case being Miscellaneous Case No. 1/2020-21 was initiated.

He draws the attention of this Court to Annexure-5 of this writ petition, which contains the certified copy of the order sheet of Miscellaneous Case No. 1/2020-21. Placing reliance on the said annexure, he submits that though Respondent No. 9 has recorded that the scheduled land was settled in the name of the predecessor-in-interest in terms of the Bihar Land Reforms Act, 1950 and Form-M was issued in favour of Amrendra Nath Shahdeo after fair determination of rent, he has referred the matter to Respondent No.8 for appropriate direction.

In turn, Respondent No.8 referred the matter to Respondent No.7, who vide order dated 1.12.2020 (attached as Page No. 30), directed issuance of rent receipt but in the same order directed that the entire records pertaining to the scheduled land be sent to the Court of Respondent No. 7 for issuance of appropriate direction under Section 4 (h) of Bihar Land Reforms Act, 1950.

5. In terms of the order dated 1.12.2020, a proceedings under Section 4 (h) of the Bihar Land Reforms Act, 1950 being Miscellaneous Case (Sandigdh Jamabandi) Case No. 9/2020-21 was initiated. Respondent No. 7 vide order dated 5.1.2022, on basis of a report furnished by the Halka Karamchari and Circle Inspector came to the conclusion that majority of the scheduled land (around 191.18 acres) was notified as ‘protected forest’ through notificatio