A Jamabandi can be cancelled if found to be created without jurisdiction or through fraud, reaffirming its administrative nature.

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.117, P.S. and District- Hazaribagh vide Rent Assessment Case No.2/1994-95 on the petition filed by respondent nos. 5 to 9 before respondent no.3.

3. During pendency of this writ petition, the Land Reforms Deputy Collector, Sadar, Hazaribagh has passed the order dated 04.12.2008 cancelling Jamabandi for which notice was issued and that was challenged by filing I.A. No.504 of 2009 and vide order dated 05.12.2011, the said I.A. was allowed, however in the present writ petition, said amendment has not been incorporated.

4. Learned counsel for the petitioners submits that Jamabandi was running in the name of the petitioners for the aforesaid plots and the Circle Officer, Sadar, Hazaribagh has recommended the Land Reforms Deputy Collector, Sadar Hazaribagh for passing proper order on the ground that the said Jamabandi was wrongly created and thereafter the Land Reforms Deputy Collector, Sadar, Hazaribagh has passed the order. He further submits that in absence of any cogent reason, the said order has been passed by the Land Reforms Deputy Collector, which is vitiated and, as such, appropriate order may kindly be passed.

5. Learned counsel for the State and respondent nos. 5 to 9 jointly opposed the prayer and submit that the Land Reforms Deputy Collector, Sadar, Hazaribagh has given cogent reason for passing the said order and cancelling Jamabandi of the petitioners. They further submit that no evidence was produced by the petitioners with regard to creation of Jamabandi and on the basis of the record, the Land Reforms Deputy Collector has rightly passed the order.

6. In the impugned order dated 04.12.2008, the Land Reforms Deputy Collector, Sadar, Hazaribagh has called upon the petitioners to give evidence, however, request was made on behalf of the petitioners that on the basis of evidence, which was produced before the Circle Officer, Sadar, Hazaribagh, the order may kindly be passed.

7. The Land Reforms Deputy Collector, Sadar, Hazaribagh has found that Form-M was created pursuant to the recommendation made by the Circle Officer and in the said Form-M, Khata number was said to be 57 and Khewat number was 4/3, whereas, Khata No.57 comes under Khewat No.4/4. He has also found that no case number was indicated. He has further found that in the receipt no.803194, the case number was indicated as 2/1994-95 and that case was not registered in the register of Circle Office. He has also found that the Jamabandi was not created. The Land Reforms Deputy Collector has then found that on wrong report, the said Jamabandi was created. He has also found that the petitioners were not the ancestors of the original raiyat. He has further found that fraudulently the said Jamabandi was created and considering all these facts, the Land Reforms Deputy Collector, Sadar, Hazaribagh