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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Sukhdeo Mahto – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ petition concerns cancellation of jamabandi. (Para 2 , 3) |
| 2. arguments regarding validity and evidence for the jamabandi. (Para 4 , 5 , 6) |
| 3. court's analysis regarding jamabandi creation and fraud. (Para 7 , 8) |
| 4. legal authority to cancel jamabandi discussed. (Para 9) |
| 5. writ petition dismissed without interference. (Para 10 , 11) |
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard Mr. Awanish Shankar, learned counsel for the petitioners, Mr. Prashant Kumar Rai, learned counsel for the State and Mr. Manoj Kumar Choubey, learned counsel for respondent nos. 5 to 9.
2. This writ petition has been filed under Article 226 of the Constitution of India for quashing the entire proceedings of Miscellaneous Case No.2/2008-09 recommended by respondent no.4 on 24.06.2008 before respondent no.3 for further action and order dated 11.07.2008 passed by respondent no.3 for issuance of notice upon the petitioners with regard to the cancellation of Jamabandi standing in the name of the petitioners since 1994-95 appertaining to lands of Khata No.57, Plot Nos.61, 566, 616, 619, 661, 677, 793, 801 and 2120 under Khewat No.4/3 measuring total area 0.81 acres situated at Village Harhad, Thana No.1
A Jamabandi can be cancelled if found to be created without jurisdiction or through fraud, reaffirming its administrative nature.
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.
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
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