Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
The authorities cannot decide questions of ownership based solely on revenue records; such matters require civil court adjudication, and revenue corrections are limited to factual inaccuracies or procedural errors ["Mishri Lal VS Ram Khiladi - Rajasthan"] ["Subodh Thakur VS State of Jharkhand - Jharkhand"].
Analysis and Conclusion:
References:- ["Vijay Singh Adopted S/o Shri Nathu Singh VS Board Of Revenue, Ajmer Through Its Registrar - Rajasthan"]- ["BALU RAM Vs. BOARD OF REVENUE AJMER - Rajasthan"]- ["Vishal Kumar Singh vs The State of Bihar - Patna"]- ["Anil Kumar Bajaj VS State of Jharkhand - Jharkhand"]- ["Bhanwaru Khan VS State of Rajasthan - Rajasthan"]- ["Jagdeo Mahto VS Commissioner, North Chotanagpur Division, Hazaribagh - Jharkhand"]- ["Mishri Lal VS Ram Khiladi - Rajasthan"]- ["Subodh Thakur VS State of Jharkhand - Jharkhand"]
Owning land in Rajasthan comes with the responsibility of maintaining accurate revenue records, especially the Jamabandi. But what happens when there's an error in your Jamabandi entry? Who has the power to rectify it under Rajasthan land revenue law? This is a common question for landowners facing disputes over possession, mutations, or title issues. In this post, we break down the legal framework, authorities involved, procedures, and practical tips based on the Rajasthan Land Revenue Act, 1956, and relevant judgments.
Disclaimer: This article provides general information on Rajasthan land revenue laws and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific case.
Jamabandi, often referred to as Khatauni or part of the Record of Rights, is a crucial document in Rajasthan's land revenue system. It records ownership, possession, cultivation rights, and liabilities for land tax. Under Section 114 of the Rajasthan Land Revenue Act, 1956, it forms the core of the Record of Rights, presumed to be true under Sections 45 and 140. Panne Singh VS Guman Singh - 1964 0 Supreme(Raj) 48
However, these entries are rebuttable and can be corrected if erroneous. Importantly, Jamabandi entries are fiscal in nature—they aid revenue collection but do not confer title. As held in multiple cases, entries in revenue record or Jamabandi is only for fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of the entries. Bhanwaru Khan S/o Jamal Khan VS State of Rajasthan - 2023 Supreme(Raj) 248Lal Damodar Nath Shahdeo @ Damodar Nath Shahdeo VS State of Jharkhand - 2018 Supreme(Jhk) 422
Distinguish it from Khasra Girdawari, which is a crop/possession record and not part of the Record of Rights—corrections there follow different administrative processes. Panne Singh VS Guman Singh - 1964 0 Supreme(Raj) 48
The Land Records Officer holds the primary authority to rectify Jamabandi entries. Under Sections 125 and 136 of the Rajasthan Land Revenue Act, 1956, this officer decides disputes regarding entries in the Record of Rights or Annual Registers. Board Of Revenue VS Rao Baldev Singh - 1967 0 Supreme(SC) 368
Often, the Sub-Divisional Officer (Revenue) or Tehsildar acts as the Land Records Officer. The Land Record Officer (Sub-Divisional Officer) has jurisdiction under Section 136 of the Act to correct the entry made in the Record of Rights of the Annual Register. Khyali VS State of Rajasthan - 1995 0 Supreme(Raj) 982
The officer records changes affecting rights or interests (Section 132) via mutations based on possession or registered transfers (Sections 133-135). Unregistered deeds do not justify changes. Rama VS The Board of Revenue - 1995 0 Supreme(Raj) 959
Rectifying a Jamabandi entry typically follows these steps:1. Report Changes: Any person affected must report mutations (e.g., sale, inheritance) within 3 months under Section 133 to avoid fines (Section 134).2. Application: File with the Land Records Officer (e.g., SDO) with evidence like registered deeds, possession proof, or Jamabandi copies.3. Inquiry: The officer conducts a summary inquiry, issues notices, and attests corrections.4. Appeals: Appeal to Revenue Appellate Authority, then Board of Revenue.
The Land Records Officer shall cause to be recorded in the annual registers... all changes that may take place and any transaction that may affect any of the rights or interests recorded. Panne Singh VS Guman Singh - 1964 0 Supreme(Raj) 48
In cases like khatedari rights disputes, revenue records such as Jamabandi from specific years are scrutinized for possession and tenancy status. State of Rajasthan through the Tehsildar VS Ratanlal S/o Shri Hema - 2023 Supreme(Raj) 1174
While revenue authorities handle initial fiscal/possession corrections, substantive title disputes may go to Civil Courts under Section 46. Any person who is aggrieved by any entry in the record-of-rights... has a right to invoke the jurisdiction of the Civil Court for correction of the entries in terms of Section 46. PARTAP SINGH (DEAD) THROUGH LRS. VS SHIV RAM (DEAD) THROUGH LRS. - 2020 2 Supreme 556
Civil Courts intervene when revenue entries conflict with title deeds, but parties should exhaust revenue remedies first. Jamabandi aids but does not determine ownership. Board Of Revenue VS Rao Baldev Singh - 1967 0 Supreme(SC) 368
Not all cases are straightforward. Key limitations include:- Special Disputes: For khudkasht land or Jagir rights, the Jagir Commissioner under Section 23 of the Rajasthan Land Reforms Act has jurisdiction first. Board Of Revenue VS Rao Baldev Singh - 1967 0 Supreme(SC) 368- Time Bars: No strict limitation, but unreasonable delays (e.g., 20-25 years) may bar rectification, as possession stabilizes rights. Ram Lal : Mandir Moorti Shri Thakurji Maharaj VS Board of Revenue - 1990 0 Supreme(Raj) 665Hanja Ram VS State of Raj. - 2006 Supreme(Raj) 1702- Non-Record Entries: Khasra Girdawari corrections are via inspection, not formal applications. Panne Singh VS Guman Singh - 1964 0 Supreme(Raj) 48- Fiscal Purpose Only: Mutations do not create title; unregistered transfers are ignored. Rama VS The Board of Revenue - 1995 0 Supreme(Raj) 959Lal Damodar Nath Shahdeo @ Damodar Nath Shahdeo VS State of Jharkhand - 2018 Supreme(Jhk) 422
In one case, subsequent Jamabandi entries post-commencement of the Rajasthan Land Reforms Act did not confer rights if absent earlier. Name changes after key dates were ineffective.
While focused on Rajasthan, analogous principles appear elsewhere. In Bihar, Jamabandi/Holding entries are required for registration to ensure clear property description, treated as compelling evidence displaceable by better proof. Amod Bihari Sinha VS State of Bihar - 2024 Supreme(Pat) 55
Rajasthan cases reinforce that revenue entries like Jamabandi support khatedari claims but require timely evidence. In a tenancy dispute, respondents' Jamabandi showing khadamdar status led to upheld khatedari rights under the Rajasthan Tenancy Act, 1955. State of Rajasthan through the Tehsildar VS Ratanlal S/o Shri Hema - 2023 Supreme(Raj) 1174
Delays in challenging transfers under Section 42 (Scheduled Caste land) were rejected after 20 years. Hanja Ram VS State of Rajasthan - 2006 Supreme(Raj) 1228
Maintaining accurate Jamabandi protects your land rights in Rajasthan. If facing issues, seek expert guidance early. Stay informed on revenue laws to safeguard your property.
References:- Rajasthan Land Revenue Act, 1956 (Secs. 45, 114, 125, 132-136, 140).- Key Judgments: Board Of Revenue VS Rao Baldev Singh - 1967 0 Supreme(SC) 368, Khyali VS State of Rajasthan - 1995 0 Supreme(Raj) 982, Panne Singh VS Guman Singh - 1964 0 Supreme(Raj) 48, PARTAP SINGH (DEAD) THROUGH LRS. VS SHIV RAM (DEAD) THROUGH LRS. - 2020 2 Supreme 556, Rama VS The Board of Revenue - 1995 0 Supreme(Raj) 959, Bhanwaru Khan S/o Jamal Khan VS State of Rajasthan - 2023 Supreme(Raj) 248, Amod Bihari Sinha VS State of Bihar - 2024 Supreme(Pat) 55.
#RajasthanLandLaw #JamabandiRectification #LandRevenueAct
produced the copy of another jamabandi to show that that was not the correct copy of the jamabandi as the original record is kept by the government authorities. ... Counsel pointed out that no application for correction of a khasra girdawari lies in law and nothing at all can be made out therefrom more so as it was an isolated entry for one year rendered suspicious by the admitted fact of it being recorded after crossing out Shyonath's (defendant's) name therein ... Against the said judgment dated 30.11.2012 passed by th....
Learned counsel for appellant-petitioner further submitted that the entire proceedings initiated under Section 82 of the Rajasthan Land Revenue Act, 1956 are vitiated on facts as well as in law. ... Consequently, the subsequent transfer in favour of present appellant - Baluram and the conferment of tenancy rights through Mutation entry No.69 are nullifies in the eyes of law, being in direct contravention of Section 16 of the Rajasthan Tenancy Act, 1955. ... State of Rajasthan....
Issue a writ of mandamus commanding the respondent Authorities to correct/rectify the Jamabandi records and revenue entries strictly in accordance with the order dated 01-02-2016 and ensure that receipts are issued as per the corrected Jamabandi records in mauza Thana No. 155.” ... For a direction to the Circle Officer Sasaram and concerned revenue authorities to make necessary correction in Jamabandi Register/Land record (Survey Khata, Plot, Area, Possession details etc.) iii. ... If ....
The ‘Jamabandi’ and ‘Holding’, respectively in rural and municipal areas, refer to rights created in the ledger maintained by the revenue department; entrusted with the collection of land tax and rents. ... the entry, by reason of the survey not having been carried out. ... Reliance is also paced on State of Rajasthan vs. Basant Nahata; (2005) 12 SCC 77. 6. ... name is entered in the register; on which if a dispute arises will have to be adjudicated by a court of law. ... Jamabandi Reg....
jamabandi under any law. ... The relevant portion of the judgment is reproduced as under:- “Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal ... Once the jamabandi is created the State cannot deny acceptance of revenue rent. 11. ... However, considering the stand taken by the Respondent-Stat....
The said aspect pertaining to the status merely based on the revenue entry has rightly been declined to be examined by Board of Revenue and upheld by the learned Single Judge. 30. ... Submissions were made that in Jamabandi pertaining to Samvat Year 2014-2017 the land was recorded in the name of Alladeen as Jagirdar, however, in respect of 02 Bigha of land name of Jamal Khan was entered as tenant and, therefore, in view of the provisions of Section 9 of the Rajasthan Land Reforms ... It was submitted th....
The said aspect pertaining to the status merely based on the revenue entry has rightly been declined to be examined by Board of Revenue and upheld by the learned Single Judge. 30. ... Hon’ble Supreme Court in the case of Jattu Ram (supra) and Jitendra Singh (supra) has laid down that entries in revenue record or Jamabandi is only for fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of the entries. ... Submissions were made that in Jamaban....
been made in the revenue records and same be corrected. ... the order obtained on the basis of those facts, he that the disputed land was purchased by them way back in the // 1 // Sanganer, District Jaipur, whereby the Authorized Officer, under the provisions of Section 90-B of the Rajasthan
He also submitted that as per the provisions of law, the Khadamdar was treated as Khudkasat Khatedar and thus, the respondents acquired Khatedari rights in pursuance of Rajasthan Tenency Act, 1955. ... Learned counsel for the respondents further submitted that the Board of Revenue has rightly held that the respondent No.1 to 3 submitted the jamabandi of the year 2017 to 2020 in which the earlier seller was recorded as Khadamdar and thereafter in the Jamabandi Samvat 2021 to 2024, Samvat 2025 to 2028 .......
revenue entry made in favour of the respondents may be cancelled and the land in question may be recorded in the name of the Temple in the revenue records. ... (v) Whether any time limit can be fixed for reference u/s 82 of the Rajasthan Land Revenue Act, 1956 and u/s.232 of the Rajasthan Tenancy Act, 1955 in respect of the land held by a Hindu Idol (deity). If so, to what extent? ... be held contrary to the settled proposition of law. ... Answer:-No time limit has b....
By relying upon the judgments rendered in the cases of Suraj Bhan (Supra.) and Sitaram Choubey (Supra.), the learned counsel for the respondents has contended that an entry in the revenue records does not confer title of the land upon a person. Entry in the revenue records or creation of Jamabandi is only for the purpose of collection of revenue and no ownership is conferred on the basis of such entry.
The Supreme Court in SURAJ LAMD & INDUSTRIES (P) LTD. Following paragraphs from the said decision may be noticed as under: “Scope of an Agreement of sale 16. v. STATE OF HARYANA (2012) 1 SCC 656) had an occasion to consider the legal incident relating to an agreement of sale.
The entry in the revenue record i.e. Jamabandi for the 1986-87 Column No.9, is also batai tihai. For non-payment of rent, they are liable to be ejected.
The learned Member of the Board of Revenue rejected all the objections as to the pendency of the application for making reference before the Collector on the ground that pendency of the proceedings u/S. 232 of the Rajasthan Tenancy Act before the Collector or making of an application are irrelevant and does not affect the validity of the proceedings. 4. After all this happened, an application was moved by present appellants, who are sons of Prahalad and Dharma for setting aside the decree passed by SDO Bhinmal on 12.7.1968. On the basis of entries made in Jamabandi of Samvat Year 2....
4. After all this happened, an application was moved by present appellants, who are sons of Prahalad and Dharma for setting aside the decree passed by SDO Bhinmal on 12.07.1968. On the basis of entries made in Jamabandi of Samvat Year 2016 to 2019, the Board of Revenue assumed that it was transfer of land by the khatedars in violation of Section 42 of the Rajasthan Tenancy Act and that the transfer being void ab initio was liable to be set aside. The fact that the Assistant Collector has relied on the Khasra Girdawari for holding that plaintiffs were in possession of the la....
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