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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
| Table of Content |
|---|
| 1. petitioner's claim on land ownership (Para 2 , 3 , 4 , 5 , 6) |
| 2. jurisdiction and reasons for annulment (Para 7 , 8 , 9) |
| 3. state's defense of land ownership (Para 11 , 12 , 13) |
| 4. implications of jurisdiction in cancellations (Para 14 , 15 , 18) |
| 5. fraud implications in landownership (Para 20 , 21 , 22) |
| 6. final judgment dismissing the petition (Para 24 , 25 , 26) |
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 petit
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.
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