Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Jurisdiction of LRDC to Cancel Jamabandi - The Land Reforms Deputy Collector (LRDC) generally lacks legal authority to cancel a validly created Jamabandi. The power to annul such records is typically vested in a competent civil court or higher revenue authorities, not the LRDC, especially when the Jamabandi is long-standing and legally established. Several cases highlight that LRDCs' recommendations for cancellation are often found to be illegal and arbitrary, and their actions can be challenged in courts. For example, in Bishwa Nath Prasad Nagar S/o Late Jadu Kahar VS State of Jharkhand - Jharkhand, the court quashed the LRDC's recommendation for cancellation, emphasizing the LRDC's lack of jurisdiction to annul a legally created Jamabandi ["Bishwa Nath Prasad Nagar S/o Late Jadu Kahar VS State of Jharkhand - Jharkhand"].
Legal Restrictions on Cancellation - The law restricts the cancellation of Jamabandi to specific proceedings before competent courts or authorities. The Bihar Land Reforms Act and related judicial rulings clarify that once a Jamabandi is created following due process, it cannot be summarily canceled by the LRDC or subordinate authorities without proper legal proceedings. In Dhirendra Kumar Singh VS State of Bihar - Patna, it was held that cancellation must be through a civil suit or proper legal process, not through summary orders by revenue officers ["Dhirendra Kumar Singh VS State of Bihar - Patna"].
Authority Limitations and Procedural Correctness - Several sources, such as GEETA DEVI vs STATE OF JHARKHAND And ORS - Jharkhand_HC_JHHC010102942008 and Doman Mahto, son of Late Kartik Mahto VS State of Jharkhand - Jharkhand, emphasize that authorities like the Deputy Collector or Additional Collector can recommend cancellation only after proper legal procedures, including notices and hearings. They do not possess inherent power to unilaterally cancel Jamabandi, especially if it is established and valid. Unauthorized cancellations are deemed illegal and can be set aside by courts ["GEETA DEVI vs STATE OF JHARKHAND And ORS - Jharkhand"], ["Doman Mahto, son of Late Kartik Mahto VS State of Jharkhand - Jharkhand"].
Case Law and Judicial Precedents - Courts have consistently held that Jamabandi once created cannot be arbitrarily annulled and that such actions require proper legal procedures. For instance, in Shobha Singh VS State of Jharkhand - Jharkhand, the court noted the illegal and arbitrary nature of the LRDC's recommendation to cancel a valid Jamabandi, reinforcing that such actions are beyond the LRDC's jurisdiction ["Shobha Singh VS State of Jharkhand - Jharkhand"].
Conclusion - Based on the above, it is clear that the Land Reforms Deputy Collector does not have lawful authority to cancel a validly created Jamabandi. Such cancellations must follow proper legal procedures in courts or higher authorities, and any attempt by LRDCs to do so unilaterally is illegal and subject to judicial review and quashing.
References:- Bishwa Nath Prasad Nagar S/o Late Jadu Kahar VS State of Jharkhand - Jharkhand- GEETA DEVI vs STATE OF JHARKHAND And ORS - Jharkhand_HC_JHHC010102942008- GEETA DEVI vs STATE OF JHARKHAND And ORS - Jharkhand_HC_JHHC010224432016- GEETA DEVI vs STATE OF JHARKHAND And ORS - Jharkhand_HC_JHHC010101142005- Doman Mahto, son of Late Kartik Mahto VS State of Jharkhand - Jharkhand- Manoj Kumar VS State of Bihar - 2023 0 Supreme(Pat) 661- Amresh Kumar S/o Late Jagdish Prasad Yadav VS State of Bihar - 2024 0 Supreme(Pat) 684- Shobha Singh VS State of Jharkhand - Jharkhand
Land records like Jamabandi are the backbone of property ownership in Bihar, serving as presumptive evidence of rights in tenancy and mutation matters. But what happens when a Land Reforms Deputy Collector (LRDC) attempts to cancel a validly created Jamabandi? This raises a pivotal question: It is Submitted that the Land Reforms Deputy Collector LRDC has no Jurisdiction or Authority under Law to Cancel a Validly Created Jamabandi.
In this post, we delve into the statutory framework, judicial precedents, and principles governing such actions. Understanding these limits can help landowners challenge unauthorized orders and safeguard their rights. Note: This is general information based on legal principles and case law; consult a qualified lawyer for advice specific to your situation.
Jamabandi, a key record under Bihar's land laws, records tenancy rights and is created through proper inquiry by competent authorities. Altering or canceling it is not arbitrary.
Courts have ruled that actions beyond these statutes are ultra vires. For instance, no jurisdiction is vested in the Deputy Collector, Land Reforms to cancel the Jamabandi. Sudha Devi VS State of Bihar - 2018 Supreme(Pat) 1554
Indian courts, especially the Patna and Jharkhand High Courts, have consistently curtailed LRDC's powers.
These rulings reinforce: Unauthorized cancellations are liable to be set aside. Modi Uraon VS State of Jharkhand - 2006 0 Supreme(Jhk) 509
If facing an LRDC cancellation order:1. Check if issuer had jurisdiction (e.g., Additional Collector?).2. Verify notice and hearing provided?3. Ensure reasoned, speaking order on valid grounds?
File writ petitions under Article 226 if deficient—courts often quash such orders. GEETA DEVI vs STATE OF JHARKHAND And ORS
Generally, LRDC lacks jurisdiction to cancel a valid Jamabandi under Bihar laws like the Land Reforms Act, 1950, and Mutation Act, 2011. Powers are narrowly vested in authorities like the Additional Collector, with mandatory due process and natural justice.
Key Takeaways:- Jamabandi enjoys presumption of correctness once validly created. Sunil Kumar Mishra VS State Of Jharkhand - 2006 0 Supreme(Jhk) 413- Unauthorized, ex parte, or arbitrary cancellations are illegal and quashable. Modi Uraon VS State of Jharkhand - 2006 0 Supreme(Jhk) 509Sudha Devi VS State of Bihar - 2018 Supreme(Pat) 1554- Always demand hearing; challenge via courts if violated.- Procedural fairness is non-negotiable. Babu Ram Mahto VS State of Jharkhand - 2011 0 Supreme(Jhk) 746
Stay informed on land rights—arbitrary actions by officials undermine legal security. For personalized guidance, seek expert legal counsel.
Sources Referenced:Modi Uraon VS State of Jharkhand - 2006 0 Supreme(Jhk) 509Sunil Kumar Mishra VS State Of Jharkhand - 2006 0 Supreme(Jhk) 413Babu Ram Mahto VS State of Jharkhand - 2011 0 Supreme(Jhk) 746Amresh Kumar S/o Late Jagdish Prasad Yadav VS State of Bihar - 2024 0 Supreme(Pat) 684Narayan Prasad Khedia VS State of Jharkhand - 2018 Supreme(Jhk) 1380Sudha Devi VS State of Bihar - 2018 Supreme(Pat) 1554D. N. Jatia VS State Of Bihar - 1990 Supreme(Pat) 139Anil Kumar Tiwari VS State Of Bihar - 2007 Supreme(Pat) 1202Laxman Sahni VS State Of Bihar - 1989 Supreme(Pat) 103GEETA DEVI vs STATE OF JHARKHAND And ORSBijay Kumar Singh And Ors vs The State Of Jharkhand And OrsHEAD MASTER,K.N.HIGH SCHOOL vs STATE OF JHARKHAND And ORSMS JAGDAMBA EDUCATIONAL TRUST THROUGH SECRETARY PRABHASH KUMAR DUTTA vs THE STATE OF JHARKHAND HTORUGH ITS PRINCIPAL SECRETARY AND ORS
#JamabandiCancellation, #BiharLandReforms, #LRDCJurisdiction
pursuant to a report dated 08.06.2012 submitted by the land Reforms Deputy Collector, Dhanbad through Sub-Divisional Officer, Dhanbad respondent no. 3 to 5 respectively as contained in Annexure-5 and 8 and to this writ petition which are illegal and fit to be quashed/set aside since long standing Jamabandi ... However, on the basis of materials available on record, it appears that a proceeding was initiated against Fulkumari Kaharin under Section 4/5 and 4(h) of Bihar Land#HL....
was given to the collector under the Bihar Land Reforms Act to cancel a Jamabandi made in favour of a settlee from the ex- Bihar Land Reforms Act to cancel a Jamabandi made in favour of a settles from the ex- vide order dated 11.01.2003 in “Raiyati Manyata” Case No.84/2002- 2003 in was not entitled, after hearing the petitioners to cancel the Jamabandi created in....
Suraj Kumar has further submitted that LRDC, Ranchi, Additional Collector, Ranchi, Collector, Ranchi as well as Additional Collector, Ranchi also agreed to cancel the jamabandi and has further that after the commencement of the Bihar Land Reforms Act, the Government title of the persons recognized by the revenue authority for a long period. ... to cancel the same unless legal steps of can....
LRDC and cancelling the jamabandi, which was initiated and created in the name of or Block Development Officer or the Government authority will construct by the revisional authority on 10.06.2004 passed in Misc. ... High School and after having knowledge, that the land has been transferred validly by p style="position:absolute;white-space:pre
power upon the Deputy Commissioner to cancel the jamabandi rather it confers power only to annul the transfer. ... Based upon the said recommendation of Additional Collector Land Reforms order was passed on 14.07.2011 for cancellation of jamabandi which has been passed in Misc. Appeal 33 of 2001-02/ 44 of 2002-03. ... The learned Additional Collector Land Reforms recommended for cancellation of Jamabandi#....
The Deputy Collector Land Reforms, Giridih instituted Jamabandi Cancellation Case No.14 of 2012-13 body could not recommend for such annulment and had to arrive in Village (Mauza) Mahuar, P.S. ... Reforms Act has been legislated. ... 4.Deputy Collector Land Reform Giridih, P.O and PS-Giridih, District- p style="position:absolute;white-space:pre;margin:0;padding:
Collector, Land reforms. ... O.) held that where the settlee claims settlement under a Hukumnama, there was no authority vested to the Collector to cancel the Jamabandi made in favour of a settlee from an ex-intermediary, the effect whereof would be to cancel the settlement by the exintermediary. ... Accordingly, the order dated 03.03.2021 passed by the Additional Collector, Land Reforms, Aurangab....
Land Mutation Act, 2011, the competent authority to cancel the Jamabandi of a person lies with the Additional Collector. ... The Circle Officer submitted the record to the Deputy Collector Land Reforms along with enquiry report following which recommendation was made for cancellation of Jamabandi and forwarded the record to the Additional Collector, Saran. ... Accordingly, the #H....
(10) After the order for the cancellation of jamabandi, the Additional Collector, subject to Appeal /Revision shall direct the Circle Officer in whose jurisdiction the land or a part thereof is situated to cancel the jamabandi in the Continuous Khatian, Tenants' Ledger Register ... The authority cannot cancel the Jamabandi in such summary proceeding and long standing Jamabandi can only be cancelled by filing a cas....
creation of such Jamabandi was vitiated in law. ... The Land Reforms Deputy Collector being an adjudicating body could not recommend for such annulment and had to arrive at his own conclusions in terms of Section 4(h) of the Act. 17. ... as well as for cancellation of jamabandi with respect to the said land, which shows that the action of the respondents is patently illegal, arbitrary and mala fide to somehow cancel the ja....
The order is wholly without jurisdiction as no jurisdiction is vested in the Deputy Collector, Land Reforms to cancel the Jamabandi. The order of the Deputy Collector, Land Reforms, Daudnagar, Aurangabad, impugned at Annexure 3, is non-speaking; and (b).
"It is a common ground that when the order of mutation is passed in favour of a person by the Circle Officer, the Deputy Collector is the appellate authority in relation to such an order. 4. It is submitted that the said authority has been pleased to cancel the jamabandi run in the name of the father of the petitioners for more than 20 years without hearing the petitioners. It is now a well-settled principle of law that even as right decision by a wrong form is no decision in the eye of law." The specific case of the petitioners is that Land Reforms Deputy Collector has no jurisdic....
Collector to cancel such jamabandi nor the Deputy Collector Land Reforms had jurisdiction to cancel the jamabandi and remove the name of the petitioners of those cases, effect whereof was to cancel the settlement by the ex-intermediary. So far as mutation in the present matter is concerned, it is not under Executive Instructions as in those cases but is governed by the statutory provisions contained in the Bihar Tenants Holding (Maintenance of Records) Act, 1977, which prescribes the statutory authorities for the purpose of consideration and disposal of mutation case. In th....
I and 2 from the tenants register, the effect whereof in a way was to cancel the settlement by the ex-intermediary in favour of the petitioner Nos. The Sub-divisional Officer, Khagaria (2) On the strength of these two Bench decisions of this Court, it is obvious that the Land Reforms Deputy Collector had no jurisdiction or power to cancel the Jamabandi and remove the names of petitioner Nos. The view taken in Harihar Singhs case has been reaffirmed by another Bench decision of this Court in the case of Jamaluddin Ahmad V/s.
The Land Reforms Deputy Collector, Jamui and Ors., 1983 PLJR 727, a Division Bench held that there is no authority given to the Collector under the Bihar Land Reforms Act to cancel a Jamabandi made in favour of the settlement from the ex-intermediary. In this view of the matter, the impugned orders cancelling the Jamabandi and removing the name of the petitioners from the records was also wholly without jurisdiction.
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