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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sharfuddin Mian – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ challenges jamabandi cancellation orders. (Para 1 , 2 , 3) |
| 2. ex-landlord's land vested, gifted, transferred with jamabandi. (Para 4) |
| 3. long jamabandi irremovable by revenue sans statute. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. jamabandi fraudulently created; respondents possess land. (Para 11) |
| 5. revenue lacks jurisdiction over title; no jamabandi cancellation. (Para 12 , 13) |
| 6. orders quashed; civil court for title, possession. (Para 14 , 15 , 16 , 17) |
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,
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.
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