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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sharfuddin Mian – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsel appearing on behalf of the parties.
2. Nobody appears on behalf of the State.
3. This writ petition has been filed for the following reliefs:
“That in the above writ petition, the petitioners pray for issuance of an appropriate writ / rule /order / direction for quashing the order dated 16.02.2015 passed by the Land Reforms Deputy Collector, Chatra, in Misc. Case No. 140 of 2015 contained in Annexure-5 to the writ petition, by which the Learned Deputy Collector, Land Reforms has illegally cancelled the long standing jamabandi running in the name of the petitioners with respect to the lands measuring an area of 12.40 acres appertaining to Plot Nos. 15, 331, 2727, 12, 337, 14, 331, 332, 333, 334, 335, 336, 338 and 13 of Khata No. 122 situated at Village Ghorighat, P.S. Pratappur, District Chatra, and order has been passed for continuance of Jamabandi with respect to aforementioned lands in favour of the respondent nos. 8 to 15.
AND
For quashing the order dated 27.11.2015 passed by the Additional Collector, Chatra, in Jamabandi Cancellation Appeal Case No. 04 of 2015 contained in Annexure-6 to the writ petition, dismissing the
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.
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.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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.
Long-standing Jamabandi cannot be cancelled in a summary proceeding and the DCLR has no jurisdiction to cancel the Jamabandi.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
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