Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

Heard the parties.

1. The instant writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 15.10.2003 passed by the Deputy Commissioner, Koderma (Respondent No.2) in Case No. 01 of 2003 by which direction has been given to the Circle Officer, Koderma to cancel the Jamabandi of the land appertaining to Khata No. 220/534 Plot No. 5841/6432/3 measuring an area 4.22 acres. A further prayer has been made for quashing the letter no.205 dated 22.02.2021 issued to Respondent no.7 for setting up a vending zone.

CASE OF PETITIONER

2. The land in question was recorded in the survey khatiyan as Gairmazarua Khas land and was settled by the Raja of Ramgarh in favour of Smt. Sumitra Devi (details of settlement not given). The petitioner is the grandson of Sumitra Devi. After the settlement of land, Sumitra Devi came in possession of it and started paying rent to the State. The land was mutated in her name and rent receipts were issued in her favour from the year 1962-63 up-to 2003. Out of the 4.22 acres, the petitioner has already sold 4 decimals of land in favour of one Nilli Kullu and the said land has been mutated in her name.

3. In the year 2003, when the petitioner started constructing a boundary wall around the said land, a report was called for by the Sub Divisional Officer, Koderma from the Circle Officer, Koderma. In the said report dated 30.04.2003, it was stated that the Jamabandi was opened in pursuance of the order passed in Case Nos. 35, 36 and 37 of 1962-63 dated 12.12.1962 passed by the Circle Officer, Jainagar.

4. Petitioner is aggrieved by the order of the Deputy Commissioner, Koderma passed in Case No.01/2003-04 for cancellation of Jamabandi.

5. The main contention of the petitioner is that it was a long running Jamabandi opened by the order passed in mutation cases and the rent is being regularly paid by the petitioner to the State. In absence of any order deciding the title of the property in favour of the State, the Jamabandi cannot be cancelled by an order passed by a Revenue Authority in view of the settled law. Purport of a “long standing Jamabandi” has been elucidated by the Co-ordinate Bench of this Court in W.P.(C) No. 1256 of 2019, wherein it has been held that where there has been possession for more than thirty years, it can be deemed to be long, and civil action will also be barred under Articles 111 and 112 of the Limitation Act, 1963.

CASE OF THE RESPONDENTS

6. Learned counsel appearing on behalf of the respondents-State (respondent nos.2-6) submits that indisputably, the nature of land as recorded in the cadastral survey records of rights was Gairmazarua Khas. All such lands vested in the State by the operation of Bihar Land Reforms Act, 1950 . Land being fallow land, as the very term ‘Gairmazarua’ signified, it did not fell in the category of land saved from vesting under Section 6 of Bihar Land Reforms Act, 1950 , as it was not in the Khas cultivating possession of the landlord.

7. It is further argued that rent receipts are not a document of title or possession and therefore, in absence of any reliable document of possession or settlement, it was a sham paper, and on its basis the land which already got vested in the State, is attempted to be wrested by the Petitioner.

8. Respondent no. 7 was impleaded as party during pendency of the writ petition. As per the case of respondent no. 7, the land of 1.47 acres was handed over to respondent no. 7 out of the schedule land, by the letter of the Secretary, Department of Urban Development and Housing dat