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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Vikash Kumar @ Vikash Kumar Choudhary @ Bikas Kr. Choudhary S/o Ravish Chandra Choudhary and late Lakshmi Devi – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. ownership and possession transfer details. (Para 2 , 3) |
| 2. petitioners' challenges against cancellation orders. (Para 4 , 5) |
| 3. state's stance on jurisdiction and authority. (Para 6 , 8) |
| 4. fraud in legal proceedings recognized. (Para 10 , 11) |
| 5. court's authority and available remedies. (Para 12 , 13 , 14) |
JUDGMENT :
2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
1.2. For issuance of a writ in the nature of certiorari to quash the consequential Order dated 25/05/2024 passed by the Circle Officer, Forbesganj in Mutation Case No. 5485/2023-24.
1.4. For issuance of writ in the nature of mandamus directing the Respondent Authorities to restore Jamabandi No. 5299 in the name of the Petitioners.
1.6. For any other relief or reliefs for which the Petitioners may be deemed entitled to in the facts and circumstances of the case.
4. Learned counsel appearing on behalf of the petitioners submitted that so far as jamabandi No.5299 which is standing in the name of late Lakshmi Devi, mother of petitioners no.1, 2 and 3 and wife of petitioner no.4 is concerned, the same was gifted by father-in-law of late Lakshmi Devi, namely, l
Orders concerning land ownership must adhere to procedural integrity and jurisdictional authority, especially in cases involving alleged fraud and non-disclosure of material facts.
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 ....
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.
Long-standing Jamabandi cannot be cancelled in summary proceedings as it undermines previously established property rights without due process.
Government authorities can cancel Jamabandi if opened without jurisdiction or through fraudulent means, safeguarding public interest over erroneous administrative actions.
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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