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.

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 appeal filed by the petitioners.

AND

For quashing the order dated 08.06.2017 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, in Jamabandi Cancellation Revision Case No. 22 of 2016 dismissing the revision filed by the petitioners, contained in Annexure-7 to the writ petition.

AND

For such other relief/reliefs to which the petitioners are legally entitled to.”

4. The brief facts of the case as per the writ petition are as under:

(i) The land measuring an area of 12.40 acres appertaining to Plot Nos. 14, 331, 332, 15, 331/727, 12, 336, 333, 334, 335, 387, 388, and 13 of Khata No. 122 situated at Ghorighat, P.S. Pratappur, District Chatra, along with other lands, was held, owned, and possessed by the ex- landlord namely Syed Abdul Haque, who was the descendant of the recorded raiyat. Upon the vesting of the estate, a return was filed by the ex-landlord, and rent with respect to the aforesaid land was determined in accordance with the provisions of the Bihar Land Reforms Act in Rent Assessment Case No. 445 of 1960- 61. The payment of rent to the Revenue Authority was made by the said Syed Abdul Haque. The copies of rent assessment and M Role under Bihar Land Reforms Act has been annexed as Annexure – 1 series.

(ii) A gift of the land 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, was made by the ex-landlord, Syed Abdul Haque, in favour of his daughters, namely Bibi Khurshid Khatoon and Bibi Ahmadi Khatoon, by a registered deed of gift dated 17.04.1963. The said gift was accepted by the donees, possession was taken by them, and their names were duly mutated.

(iii) Thereafter the aforementioned land was transferred by Bibi Khurshid Khatoon and Bibi Ahmadi Khatoon to various persons, including the petitioners. The land measuring an area of 18.30 acres appertaining to Khata Nos. 116, 118, 120, 122, 126, 130, 135, and 136 situated in Mouza Ghorighat, P.S. Pratappur, District Chatra, was purchased by the petitioners through a registered sale deed dated 28.04.2009. The names of the petitioners were mutated with respect to the aforesaid lands, and rent was regularly paid to the Revenue Authorities.

(iv) A petition for cancellat