Land record entries are administrative, not judicial. They may be cancelled if created without jurisdiction, through fraud, or based on collusion, provided the affected parties are granted a fair opportunity to be heard in accordance with the principles of natural justice.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Kundan Kr. Ambastha, learned counsel appearing for the petitioner, Mrs. Shalini Sahdeo, learned counsel appearing for the State and Mr. Vishal Kr. Tiwari, learned counsel appearing for the respondent No.5.

2. This writ petition has been filed under Article 226 of the Constitution of India for quashing of the order dated 31.12.2012 passed by the Deputy Commissioner, Koderma in Misc. Case No.1 of 2010 whereby he has passed the order for cancellation of long running jamabandi standing in the name of petitioner with respect to the lands measuring an area of 2.10 acres out of Plot No.4617 of Khata No.127 situated at Village – Tham, P.S. – Chandwara, District – Koderma.

3. Mr. Ambastha, learned counsel appearing for the petitioner submits that the lands measuring an area of 3.20 acres of Plot No.4617 of Khata No.127 situated at village – Tham, PS – Chandwara, District – Koderma was settled by the ex-landlord in favour of Sobron Thakur, the vendor of the petitioner in the year 1953 by virtue of customary hukumnama coupled with grant of rent receipt followed by delivery of possession and the settlee came into possession over the same. He further submits that after vesting of the said land to the vendor of the petitioner he went on making payment of rent to the Revenue Authority and rent receipts were duly issued acknowledging the possession of the vendor of the petitioner over the aforementioned land by Revenue Authority. He then submits that the petitioner purchased the aforesaid lands by virtue of two registered deeds of sale dated 22.02.2002 and 29.11.2002 for a valuable consideration from Sobron Thakur and others and thereafter the petitioner came into peaceful possession over the same and thereafter the petitioner filed petition before the Circle Officer, Chandwara for mutation of his name in the revenue record with respect to the aforementioned land which was registered as Mutation Case No.395/2003-04 and the Circle Officer after making due enquiry on the factum of possession and semblance of title mutated the name of the petitioner with respect to the aforementioned land and thereafter the petitioner is regularly making the rent.

4. He next submits that Additional Collector after making due enquiry, passed an order on 22.05.2002 in Misc. Case No.06 of 2001 for continuance of jamabandi in the name of the vendor of the petitioner with respect to the said land and against there no appeal was preferred. He also submits that respondent No.5 namely M/s. Dhan Laxmi Stone Works filed Miscellaneous Case No.1 of 2010 before the Deputy Commissioner, Koderma for cancellation of jamabandi with respect to the land measuring an area of 2.20 acres out of Plot No.4617 of Khata No.127 situated at village – Tham, PS – Chandwara, District – Koderma alleging therein that the petitioner has illegally got his name mutated in the revenue record.

5. He next submits that the petitioner appeared in the said miscellaneous case and filed his show cause stating therein that the petitioner had purchased the land in a legal and valid manner. He next submits that the learned Deputy Commissioner by the order dated 31.12.2012 has illegally cancelled long running jamabandi standing in the name of the petitioner with respect to the land measuring an area of 2.20 acres out of Plot No.4617 of Khata No.127 situated at village – Tham, PS – Chandwara, District – Koderma. He next submits that the said order has been passed by learned Deputy Commissioner in absence of not having any competency of passing such order that too in a case in which long running jamabandi has been established. To buttress this argument, he relied in the case of Jamaluddin Ahmad vrs. S.D.O., Khagaria & Ors. reported in (1979) BBCJ 605 (PAT). He also relied in the case of Jitan Mahto versus State of Bihar reported in 2004 0 Supreme (Jhk) 170. He next relied in the case of Doman Mahto versus The State of Jharkhand and Ors. in L.P.A. No.218 of 2019. He lastly