Longstanding Jamabandi Can’t Be Cancelled By State In Summary Proceeding: Patna High Court Grants Relief To Landowners
The petitioners approached the Patna High Court seeking quashing of a notice issued under Section 9 of the Bihar Land Mutation Act, 2011.
While restoring the Jamabandi in favour of the owners claiming vested right on their settled land, the Patna High Court has reaffirmed the view that a longstanding jamabandi cannot be cancelled by the State in a summary proceeding, that too without giving notice.
The petitioners approached the High Court seeking quashing of a notice issued under Section 9 of the Bihar Land Mutation Act, 2011, for cancellation of the petitioners’ "Jamabandi" and for setting aside the consequent Jamabandi cancellation case, wherein the 'Jamabandi' of the land standing in the name of the petitioners, was sought to be cancelled. The cancellation was sought for the construction of an old age home over 5 acres and a Godown over 2.5 acres of the said land, on the premise that the aforesaid land was "Gair Mazrua Khas" Land.
The Single Bench of Justice Sourendra Pandey held, “It is a settled law that longstanding jamabandi cannot be cancelled.”
“At this juncture, this Court is of the view that the judgment rendered by this Court in the case of “Maya Devi & Ors. Vs. The State of Bihar & Ors., reported in (2014) 3 PLJR, 584 and also in the case of State of Bihar through Collector, Siwan vs. Harendra Nath Tiwary reported in 2015 (1) PLJR 606, this Court has way back decided that even if the title of the land owner is disputed by the State, the only remedy the State has is to file civil case and not to cancel jamabandi in a summary proceeding that too without giving notice”, it added.
Advocate Rudrank Shivam Singh represented the Petitioner while Standing Counsel Sajid Salim Khan represented the Respondent.
Factual Background
The petitioner claimed to be the owner of land recorded in the Record of Rights as Zamindari No. 311, which was created after partition in the family in favor of the petitioner in a Zamabandi case. The matter related to the cancellation of Zambandi No. 311, which stood in the name of Bhogilal Yadav. The Additional Collector directed the Circle officer, Sattar Kataiya (fifth respondent), to provide land for the construction of an old age home and a gowdan, for which the Officer proceeded to demarcate the land in question and also made a recommendation for cancellation of Jamabandi. Subsequently, the Jamabandi cancellation case was initiated, and a direction was passed for the issuance of notices to Raiyats, including the petitioner, under section 9 of the Bihar Land Mutation Act, 2011.
According to the petitioner, the proceedings of the Jamabandi Cancellation case were not concluded, and the respondents stacked building material on the land and erected temporary quarters for labourers. The petitioner claimed that the land was vested over eight decades and three generations in them, but the respondent forcefully evicted the petitioners from their settled land over which they had absolute and continuous right, title and interest.
Reasoning
On a perusal of the facts of the case, the Bench noted that the jamabandi created in favor of the petitioner was created way back in the year 1978 and it had continued thereon. It was noticed that the petitioner was also submitting rent for the same; however, without ignoring the settled law, the said cancellation proceeding was initiated.
The Bench reaffirmed the view that even if the title of the landowner is disputed by the State, the State can file only a civil case and cannot cancel the jamabandi in a summary proceeding without notice.
Thus, quashing the entire proceeding of the Jamabandi cancellation case, the Bench allowed the appeal and restored the jamabandi.
Cause Title: Chandra Kishore Yadav v. The State Of Bihar (Case No.: Civil Writ Jurisdiction Case No.17623 of 2022)