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.

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 in question along with other piece and parcel of lands stood recorded in the name of Shri Shri Shyam Chand Jee Thakur, the deity and it was being represented through its “Shebait”, namely Dol Gobindo Goswami and after the death of Dol Gobindo Goswami his only son Jyotindra Mohan Goswami succeeded as a “Shebait” and came into peaceful possession of the lands and begun to perform pooja archana and seva of “deity” and exercise diverse acts of ownership and possession over the land in question and other lands. He then submits that after coming into force of the Bihar LAND REFORMS ACT , 1950, said Jyotindra Mohan Goswami (since deceased) submitted returns in respect of the lands in question along with other properties and applied for fair and equitable rent or ground rent and on the basis thereof a case being Rent Fixation Case No.805 of 1961-62 was initiated before the Certificate Officer, Govindpur, who after making necessary inquiries in accordance with Bihar LAND REFORMS ACT and Rules made thereunder, assessed the rent and issued rent roll in Form ‘M’ in respect of the tracts of land owned and possession by the “deity” being represented through Jyotindra Mohan Goswami (since deceased) including the land in question for a total area of 17.33 acres and thereafter the said Jyotindra Mohan Goswami (since deceased) paid rent for the entire area of land of 17.33 acres including the land in question under Jamabandi No.62.

4. He next submits that the land in question was peacefully held and possessed by the “deity” through its “Shebait” all along without any interference by any person including the State Government and the land in question was held out by the “deity” through its “Shebait” to be in lawful occupation and ownership and after the death of said Jyotindra Mohan Goswami, his son Manik Chandra Goswami succeeded to the office and properties as a “Shebait” and continued to pay rent to the State Government under Jamabandi No.62 which were accepted by the State Authorities. He also submits that respondent No.4, namely, Manik Chandra Goswami was desirous of transferring the lands in question for valuable consideration in order to meet out legal necessity and requirements of expenses and as such, the petitioner being interested in purchasing the land in question approached the respondent No.2 and an agreement to sell was executed on 15.07.2005.

5. He next submits that on 04.10.2007