Long-standing Jamabandi Cannot Be Cancelled in Summary Proceedings - Courts have consistently held that long-standing Jamabandi, especially those created prior to 01.01.1946, cannot be canceled through summary proceedings by revenue authorities. Such cancellations require proper legal channels, typically civil courts, to ensure due process and prevent arbitrary actions. Amrendra Kumar Singh, son of Late Deoki Nandan Prasad Singh VS State of Bihar - Patna, Arun Kumar Goenka VS State of Bihar - Patna, Bhola Das VS State of Bihar - Patna, Jagarnath Jha @ Jagannath Jha VS State of Bihar - Patna, Mukesh Raj Re-Rolling Mills Pvt. Ltd. vs State of Bihar - Patna, M/s Mukesh Raj Re-Rolling Mills Pvt. Ltd. vs The State of Bihar - Patna, Meira Kumar VS State of Bihar - Patna, Dhirendra Kumar Singh VS State of Bihar - Patna, Manoj Kumar VS State of Bihar - Patna
Legal Restrictions and Jurisdiction - The Bihar Land Reforms Act, 1950, and related statutes explicitly restrict the power of revenue officers to cancel long-standing Jamabandi in summary proceedings. The courts have emphasized that such actions, if taken arbitrarily or unlawfully, are invalid and can be challenged legally. The proper forum for challenging or canceling such Jamabandi is a civil court, not administrative or summary proceedings. Amrendra Kumar Singh, son of Late Deoki Nandan Prasad Singh VS State of Bihar - Patna, Arun Kumar Goenka VS State of Bihar - Patna, Bhola Das VS State of Bihar - Patna, Mukesh Raj Re-Rolling Mills Pvt. Ltd. vs State of Bihar - Patna
Implications of Arbitrary Cancellations - Cancellations based on illegal or arbitrary orders, often made without proper notice or legal basis, are invalid. Courts have affirmed that long-standing Jamabandi, especially those established decades ago, hold significant legal weight and cannot be disturbed without following due legal procedures. Bhola Das VS State of Bihar - Patna, Manoj Kumar VS State of Bihar - Patna, M/s Mukesh Raj Re-Rolling Mills Pvt. Ltd. vs The State of Bihar - Patna
Conclusion - The consensus across judicial decisions is clear: long-standing Jamabandi cannot be canceled in summary proceedings. Any attempt to do so must adhere to legal procedures, with civil courts being the proper authority to adjudicate such matters, ensuring protection of vested rights and preventing arbitrary actions by revenue authorities.
cannot be cancelled in a summary proceeding and that the DCLR has no jurisdiction to cancel the Jamabandi. ... Ratio Decidendi: The court held that long-standing Jamabandi cannot be cancelled in a summary proceeding and ... , 2011 - The court discussed the provisions of the BLDR Act, 2009 and Bihar Mutation Act, 2011, emphasizing that long-standing Jamabandi ......
standing Jamabandi cannot be cancelled in a summary proceeding by any revenue officer but only forum available to State is Civil ... Section 4(h) of BLR Act cannot be exercised in a casual manner and onus lay on State to prove that settlements and entries in relation ... Bihar Land Reforms Act, 1950 – Section 4(h) – Cancellation of Jamabandi – Issuance of notice – Powers under ... Similarly, in the case of Maya Devi (supra) this Court proceeded to hold that ....
was enquired into by an illegal order and in most arbitrary way Jamabandi was cancelled and same order was affirmed by Collector ... Bihar Land Reforms Act, 1950 – Section 4(h) – Cancellation of Jamabandi – If State, for any reason, wants ... any person based on settlement made by ex-landlord then only option left to State is to approach civil court for cancellation of Jamabandi ... Learned counsel for the State is not in a position to controvert the submissions made by learned counsel for the petitioner for the ratio th....
Jamabandi – Cancellation – Power of State for cancellation of longstanding Jamabandi cannot be exercised ... petitioner by competent authority – However, acting upon recommendation of Circle Officer, Additional Collector by impugned order has cancelled ... Jamabandi of petitioner which is of year 1935, after 83 years of creation of Jamabandi – If State is disputing longstanding Jamabandi ... fact that a long standing Jamabandi #HL_S....
(A) Bihar Land Reforms Act - Section 4(H) - Long-standing Jamabandi cannot be cancelled in summary proceedings, especially when it ... questions settlements made prior to 01.01.1946 - State was found to act improperly with respect to Jamabandi created in favor of ... ... ... Issues: The court addressed whether the cancellation of Jamabandi by administrative authorities could follow due to alleged ... complex issues in a summary #H....
Case, whereby the Jamabandi opened in the name of Lal Maheshwari Nath Shahdeo has been cancelled. – Held, Senior counsel for the ... court are on the basis of the facts available on record and thus the same will not influence/prejudice the case of the parties in a proceeding ... in his name is held illegal or is cancelled by a Court of competent jurisdiction under the procedure established by law. – The State ... Further argument of the learned Senior Counsel appearing on behalf of the petitioners is that the l....
long-standing Jamabandis, emphasizing that such actions cannot be taken in summary proceedings, especially when they may affect ... be cancelled in summary proceedings and directed that the State authorities must follow proper legal channels if they wish to challenge ... (Paras 3-5) ... ... Findings of Court: ... The court found that long-standing Jamabandis cannot ... complex issues in a #HL_S....
nor order his eviction – Three Men Committee stated that land in question had been settled prior to 01.01.1946, cannot initiate ... proceeding under Section 4(h) – Section 4(h) is not at all attracted in the present case since settlement of land in question by ... land holder shall be entitled for compensation – Non-deposit of compensation in Court does not result in lapse of land acquisition proceeding ... This Court has consistently held that long standing Jamabandi created in favour of a person #HL_S....
in a summary proceeding. ... Jamabandi in a summary proceeding under the Bihar Right to Public Grievances Redressal Act, 2015. ... in a summary proceeding based on the directions passed by the Commissioner, Munger Division, Munger. ... Sumeet Kumar Singh in the present cases as to whether a long standing Jamabandi can be cancelled in a summary proceeding. ... The authority #HL_ST....
purchase and their names have already been mutated in the records, the same cannot be cancelled in a Summary proceeding – impugned ... Sale deed and got the land mutated in the year 2017 – power of the state for cancellation of longst – and Jamabandi cannot be exercised ... standing jamabandi in favour of the vendors- petitioners and they continued in peaceful possession over the land in question after ... In the present case, since there is a longstanding J....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.