Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Narendra Kumar Karn, Son Of Keshab Lal Das – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
2. This writ petition has been filed under Article 226 of the Constitution of India for quashing of the order dated 27.01.2012 passed by learned Deputy Commissioner, Dhanbad in Misc. Appeal No.06 of 2010 whereby the appeal preferred by the petitioner against the order dated 13.10.2010 passed by Land Reforms Deputy Collector under Section 4(h) in Case No.26 of 2007-08 has been dismissed. The prayer is also made for quashing of the order dated 13.10.2010 passed by Land Reforms Deputy Collector, Dhanbad in Case No.26 of 2007-08 whereby he has been pleased to pass an order in respect of Jamabandi No.33 and 62 and has further cancelled the Jamabandi No.237 created in favour of the petitioner pursuant to Mutation Case No.1640 (IX)/2008-09.
3. Mr. Indrajit Sinha along with Ms. Puja Agrawal, learned counsels appearing for the petitioner submits that this writ petition involves a piece of land situated at Khata No.33, Plot No.323, Mouza Gahira, Mauza No.218, Police Station – Govindpur, District – Dhanbad measuring 6.76 acres. He further submits that the said land i
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.
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.
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.
The authority under the Bihar Right to Public Grievances Redressal Act, 2015 did not have the jurisdiction to cancel the long-standing Jamabandi in a summary proceeding and the cancellation violated ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
