Shiv Shankar Mahto v. State of Jharkhand through Secretary Department of Revenue
Jamabandi – Cancellation – Notice under Section 4(h), Bihar Land Reforms Act, 1950
Case brief
What is this about?
W.P.(C) No.3813 of 2020, High Court of Jharkhand at Ranchi, decided 06.07.2026 by Ananda Sen, J.: Shiv Shankar Mahto v. State of Jharkhand and others — challenge to newspaper notice dated 06.11.2020 issued under Section 4(h) of the Bihar Land Reforms Act, 1950 by the Circle Officer, Hehal Anchal, Ranchi, seeking cancellation of long-standing jamabandi over 3.60 acres, Khata No.119, Plot No.336 (Pundag, Ranchi); SIT constituted to probe the jamabandi, proceeding kept in abeyance; held that a long-standing jamabandi cannot be cancelled by executive order and a Section 4(h) proceeding cannot be initiated after a considerable gap; State directed to litigate title before the Civil Court, eviction only after Civil Court decree; petition disposed. Cases relied on: Ram Kumar Sinha, 2018 (2) JLJR 132; Ramayan Yadav, 2013 (3) PLJR 533; Antardhari Sao, W.P.(C) No.1256 of 2019.
What did the court decide?
Writ petition disposed of with directions: since the State is not proceeding under Section 4(h), if it wishes to challenge the petitioner's title it must approach the Civil Court, and it may proceed against the petitioner for eviction only after a decree passed by the Civil Court.