Allowed

Yadu Nandan Jha and Ors. v. The State Of Bihar and Ors.

Patna HC21 Dec 2023CWJC/17619/2018

Case brief

AI extract

What is this about?

A writ petition filed to quash revenue proceedings initiating cancellation of a Jamabandi. The Court held that established Jamabandis created after land vesting cannot be cancelled via executive action and that only a civil title suit provides the proper remedy for the State.

What did the court decide?

The Jamabandi Cancellation Case No. 76/2018 issued by the Additional Collector is quashed.

Yadu Nandan Jha and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17619 of 2018

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Yadu Nandan Jha son of Late Bhuneshwar Jha.

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Chakradhar Jha son of Late Akhileshwar Jha.

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Mahesh Jha son of Late Chunnilal Jha.

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Amit Kumar Jha son of Late Munni Lal Jha.

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Digambar Jha son of Late Daroga Jha, All resident of Village- Dighi, P.O.Dighi, P.S. Laxmipur, District Jamui.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Collector, Jamui

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The Collector, Jamui.

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The Additional Collector, Jamui.

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The Circle Officer, Laxmipur, District- Jamui.

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Rajendra Jha Son of Late Kuldip Jha, resident of Village- Dighi, P.O.- Dighi, Via Laxmipur, District Jamui.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s For the Respondent/s

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: Mr.Nand Gopal Mishra : Mr.S.C.Yadav -Gp15

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT

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Date : 21-12-2023

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Heard the parties.

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The present writ application has been filed for the following reliefs:-

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(a) To quash the proceeding initiated against the petitioners for cancellation of their Jamabandi vide Jamabandi cancellation case no. 76/2018, in respect of land detailed in the notice, issued by the Additional Collector, Jamui, to the petitioners under memo no. 739 dated 03.07.2018 (Annexure-9).

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Patna High Court CWJC No.17619 of 2018 dt.21-12-2023 2/15

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(b) To stay any coercive step, being taken by the state respondents against the petitioners, in relation to Jamabandi Cancellation case no. 76/2018, during the pendency of the writ petition.

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The fact of the case are as follows:-

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In the year 1931 the then Jamindar Raj Baneli, made settlement of Gair Majarua Malik land pertaining to Khata no. -171, Kheshra no.-465, Area 873 2B-8K-11 dhurs/ 2.12 Acrs. Situated in mouza Kasba- Dighi, P.S. and sub division-Jamui, District-Munger, in favour of one Chatradhari Marar son of Prahlad Marar, by a Hukumnama, vide parbana no. 1732 dated 16.12.1931. After the settlement in his name said Chatradhari Marar got his name entered in the Jamindan Sarista and rent was fixed. He came in possession of the land and started to pay rent to the Jamindar. After vesting of Jamidari, the then zamindar filed return before the government of Bihar in favour of settlees. After death of Chatradhari Marar name of one of his sons namely Daroga Jha was entered in Register-II and Jamabandi no.-331 in respect of the land of Khata no.-171 was created and entered in Khatian in favour of Daroga Jha; Said Daroga Jha remained in peaceful physical possession of the land through out his life and paid rent to the state of Bihar.

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Learned counsel appearing on behalf of the petitioners has submitted that it is pertinent to mention here that the petitioners are the decedents of said Chatradhari Marar and after his death inherited the said property and right title and possession on the said land Chatradhari Marar by virtue of they being the legal heirs and successors-in-interest of Late Chatradhari Marar.

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He has further submitted that it is relevant to mention here that in the year 77-78 partition took place among the legal heirs of Late Chatradhari Marar. In the partition land pertaining to Jamabandi no.-331 was also partitioned along with other khatiyani land of the joint family. After Partition the heirs got their respective shares mutated in their names and accordingly seven new Jamabandis were created from Jamabandi no. 331 in the name of ancestor of those petitioners as follows:-

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Jamabandi nos.

(i) 971/2007

(ii) 972/2007

(iii) 973

(iv) 974

(v) 1550-Munnilal Jha

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(vi) 975/2007- Chunni Lal Jha

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(vii) 976/2008.

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Patna High Court CWJC No.17619 of 2018 dt.21-12-2023 4/15

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It is further submitted that fter partition in the joint family property the heirs of Chatrdhrari Marar got separate shares in their other Khatiani land along with the land of Jamabandi no. 331. After mutation, new Jamabandis were created in their respective names, wherein under each new Jamabandi, lands pertaining to several Khatas and Khersras measuring more area, then the area of Jamabandi no. 331 were included which is apparent from the report of Halka Karamchari.

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It is also submitted that after partition and mutation of their respective shares in their names the heirs of Late Chatradhari Marar (petitioners herein) have been coming in peaceful possession of their respective shares, and they are paying rent and getting rent receipts from the government of Bihar.

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Learned counsel further submitted that in the Khata no.-171 Kheshra-465 there exists a survey (Gair Majarua Aam) pond also, besides the land of petitioners land which is in the form of 'bhind'. The Bhind area, adjacent to the pond in the land of petitioners, and its nature (Bhind) has not changed. As per the nature of land, the petitioners have planted plants of 'Tar' etc upon this land. Likely the nature of land pertaining to Khata no.171 Kheshra no.-521 is parti, which is used by the petitioners for purposes, other than cultivation.

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Patna High Court CWJC No.17619 of 2018 dt.21-12-2023 5/15

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Learned counsel further submitted that the entire land of Jamabandi no. 331 has been coming in peaceful physical possession since the days of its settlement, i.e earlier their ancestors/ Predecessors-in-interest and at present in their possession.

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He submitted that that the ex-Mukhia of Dighi, Panchyat namely, Sunil Kumar Yadav, in connivance with covillager of petitioner namely Rajendra Jha (Respondents no. 4 and 5 respectively) for their vested interest instigated, some other co-villagers to file a concocted petition before the circle officer Laxmipur, for cancellation of Jamabandi created in favour of petitioners in respect of land of Khata no. 171, Kheshra no. 465 Area-1.96 decimal and Khesra no. 521 area . 56 decimal, alleging that the Jamabandi had been wrongly created.

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He also submitted that they alleged that the said land was required by the Gram Panchyat for construction of Gram Panchyat 'Bhavan' and for implementation of other social programmes of the government.

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Learned counsel for the petitioners submitted that it is relevant as well as significant to mention here that the wife of the ex-Mukhia (Resp no.5) is the present Mukhia of Dighi Panchyat. They, for fulfillment of their ill/vested interest, to earn

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illegally, by siphoning of public money in the garb of construction of Panchyat Bhavan and for implementation of other social program, for which a huge fund is allotted by the government, have hatched up a conspiracy against the petitioners and got a public petition filed before the Circle Officer, Laxmipur.

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Learned counsel for the petitioners next submitted that the Circle officer on the basis of the said petition instituted miscellaneous case no. 07/2017-18 on 22.12.2017/15.01.2018 and asked the Halka Karmchari to submit an enquiry report in the matter through Circle Inspector and put up the case on 29.01.2018.

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He submitted that the enquiry report of Halka Karmchari and circle Inspector clearly mentioned that the land pertaining to Khata no.-171 and Khesra no. 465 (Area 1.96 decimal) and khesra no. 521 (Area .56 decimal) is a Gari Mazarua malik land. It also mentioned that as per Register-II, in respect of the above said land Jamabandi no. 331 existed in the name of one Daroga Jha, out of that Jamabandi seven Jamabandis were created after partition in the year 1977-78, notices were issud by the C.O. to the petitioners vide order dated 29.01.2018.

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He also submitted that the petitioners appeared before the Circle Officer Laxmipur, and submitted the Hukumnama of

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then Jamindar, Boneli-raj by which the land was settled in favour of their ancestor and in course of time, after vesting of Zamindari, Jamabandi was created in their favour and there ancestors were entered as Khatiyani Raiyat and paid rent to the Govt. of Bihar.

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Learned counsel next submitted that the Circle Officer, Laxmipur, after going through the enquiry report of Halka Karmachari and circle Inspector as also the relevant documents submitted by the petitioners which though, shows their genuine and bonaifde right and title and legally created Jamabandi in their favour, passed an order vide order dated 15.03.2018/18.05.2018 forwarding the case to Additional Collector, Jamui, for further proceeding and closed the case before him.

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It is also submitted that the Circle Officer, Laxmipur, despite the clear and admitted facts supported by revenue record of the government, i. Register-II, Rent-receipts etc, merely on a wide allegation by some persons, having their vested interest in the matter, recommended the matter to the Additiona Collector, Jamui to take further action vide his letter No. 214 dated 09.05.2018 and letter no. 332 dated 19.06.2018.

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He next submitted that on the recommendation of Cir-

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cle Officer, Laxmipur the Additional Collector, Jamui, initiated a proceeding for cancellation of such Jamabandi, of the petitioners, which has been created legally more than sixty years ago, by instituting Jamabandi Cancellation case no. 76/2018 under Rule-13(3) of the Bihar Land Mutation Rule-2012 and issued notice to the petitioners vide memo no. 739 dated 03.07.2018.

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Learned counsel appearing for the petitioners submitted that in third coloumn of the notice dated 03.07.2018 along with th name of Anchal Adhikari, Laxmipur, name of Suni Kumar Yadav, Ex-Mukhiya Dighi, is also mentioned which clearly shows that the said Ex-Mukhiya is instrumental in bringing the case, in collusion with some other persons totally on unfounded grounds for fulfillment of his own vested / illegal interest and in order to achieve that, the petitioners are being dragged to fight and bear the agony of a false litigation.

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He lastly submitted that since the patent illegality is apparent in initiating the said proceeding and issuance of notice by the Additional Collector, Jamui as the same is not in conformity with Rule 13(3) of Bihar Land Mutation Rules-2012, as no evidence is on record to show that the Jamabandi has been created in violation of law or in contravention of any executive instruction, petitioners pray for quashing the notice and pro-

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ceeding initiated by the respondent, against the petitioners.

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22. The Respondent State has filed its counter affidavit and has stated as follows:-

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a) The matter relates to the land of khata no. 171 Plot no. 465, 521 area measuring 2.12 acres gairmazarua Malik land situated in mauza Dighi, under Laxmipur Block, Distt. Jamui. The villagers filed a public petition before C.O Laxmipur stating therein that the aforesaid land is Govt. land however a false jamabandi of the same has been created in name of Daroga Jha of the village which should be cancelled to avoid future complication. The C.O, thereafter, initiated a Misc. Case no. 7/17-18 and called for report from K.C. and C.I. and issued notice to jamabandi raiyat, subsequently thereafter revenue report was submitted. In the light of report C.O. also held local inspection of the land in question and found that a pond exists on the land in plot no. 465 which is surrounded by 'Bhind' over which trees and bushes are standing. C.O. also found that jamabandi no. 331 of the said Govt. land is standing in name of Daroga. Jha and thereafter since

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1977-78 several jamabandi have been created from jamabandi no. 331 with respect to said land alongwith other lands without the order of any authority. Under such circumstance, C.O. Laxmipur recommended to A.D.M. Jamui for proper action. On perusal of the records and recommendation of the C.O. Laxmipur, the A.D.M. initiated a jamabandi cancellation case no. 76/ 2018 which is being heard and against the proceeding of this very Jamabandi Cancellation case, the instant writ has been filed which is quite motivated, unwarranted and infructuous.

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b) The statement made in Para- 8 of the writ petition, it is stated that he entire statements are quite misdirected misconceived and only for wrongful gain. In this regard it is submitted that the lands in question is 'Gairmazarua Malik' land and after the vesting of Estate it has become the roperty of Bihar Govt. The land in question as never been settled with Chatradhari Mazar, the ancestor of the petitioner and no jamabandi was ever created in his name nor any return was submitted in his name. It appears that

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much after the vesting of Estate, petitioner got a fake and forged settlement paper and, on that basis and in Collusion with Anchal Staff, a false jamabandi has been created without the order of the authority. The petitioners never came in possession of the land of khata no. 171 rather, the land is still lying parti. Thus, the statement is quite baseless and against the reality.

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c) Section-9 of the Bihar Land Mutation Act, 2011, the Additional Collector has the power to initiate Proceeding for cancellation of Jamabandi either suo-moto or on application from any person if he is prime- facie satisfied that there is sufficient reason to believe that the said jamabandi has been created in violation of any extant Act/Rules/Circulars/ executive instruction of the Govt, in this regards. However, he will not pass any order without giving reasonable opportunity to the person in whose name the jamabandi has been created. In the instant case, the proceeding under section-9 of the Bihar Land Mutation Act, 2011 has been initiated and after issuance of notice to all concerned the case is

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being heard and till date no order has been passed by the Additional Collector. Besides even after order is passed by the Additional Collector, if the petitioners feel aggrieved by the order, they may move the court of the Appellate authority, i.e. court of the Collector of the District. Under the Bihar Land Mutation Act, 2011 there is also the provisions of revision and the Divisional Commissioner happens to be the Revisional Authority. However, the petitioner with ulterior motives during the hearing of the instant jamabandi cancellation proceeding itself preferred to move this Court, while even after the pronouncement of the order by the Additional Collector he has sufficient opportunity available to defend himself. It is amply clear from the above facts that there is no cause of action at this stage and the instant writ petition is misdirected and misconceived.

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I have considered the submissions of the parties including the submissions of Respondents No. 5 and 6.

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In a similar case, this Court vide judgment and order dated 13.09.2022 passed in C.W.J.C. No. 16985 of 2018

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(Nathuni Singh and Others vs. the State of Bihar and Others)

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has held as under:-

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This Court in the case of Nawal Kishori Devi & others Vs. The State of Bihar & others vide order dated 18.11.2013 passed in CWJC No. 4979 has held as fol-

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lows:-

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“In sofar as the issue of the right of ex-intermediary to settle the public land is concerned, the issue stands answered in the judgment of this Court rendered in the case of Musammat Husanbano (supra).

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This brings this Court to the main issue raised by the petitioners questioning the action taken by the authorities in initiating proceeding for the cancellation of Jamabandi bearing Case No. 1 of 2004-05 and impugned at Annexure-1 to the writ proceedings. There cannot be a contest on the legal position that neither under the Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973 nor under the Bihar Land Reforms Act, 1950, there is any provision for cancellation of Jamabandi. Although the Bihar Land Reforms Act in its Section 4 does provide for cancellation of settlement but that is distinct to a cancellation of Jamabandi and the manner is prescribed for such exercise. This issue came up for consideration as back as in the year 1978 when this Court in the case of Harihar Singh reported in 1978 BBCJ 323 held that the authorities have no jurisdiction to cancel the Jamabandi and remove the names of the settlee from the tenants register. A Division Division Bench of this Court in the case of Khiru Gope (supra) while taking note of the two earlier judgments of this Court reported 1978 BBCJ 323 (Harihar Singh vs The Additional Collector) and 1979 BBCJ 605 ( Jamaluddin Ahmad vs. S. D. 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 ex-intermediary. The Jamabandi in the present case having been created

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pursuant to a registered settlement, certainly the action of the Collector in directing cancellation of the Jamabandi is in the teeth of the Division Bench pronouncements of this Court. The remedy for the State authorities, if any, certainly was not by way of executive action under the statutory powers rather rested before the civil court of competent jurisdiction for a proper declaration.”.

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In the case of Ramnandan Singh Vs. The State of Bihar (supra) , this Court, while dealing with the provisions of Section 4(h) of the Bihar Land Reforms Act, 1950, has held that if the State, for any reason, wants to challenge the authority or the title of any person based on settlement made by the ex-landlord then the only option left to the State is to approach the civil court for cancellation of Jamabandi whereas in the present case it is an admitted position that the land was settled by the ex-landlord in favour of the predecessor-in-interest of the petitioners. The ex-landlord after vesting Zamindari, return of Jamabandi was filed and thereafter rent was accepted by the State and the State issued rent receipt and only when land was acquired for compensation, the Jamabandi was enquired into by an illegal order and in most arbitrary way Jamabandi was cancelled and the same order was affirmed by the Collector in the same casual manner."

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In the present case also, the Jamabandi was created after vesting of Zamindari and standing in the name of Daroga Jha entered in the Register II for the last 60 years is being sought to

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be cancelled by the Respondents.

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The facts shows that the petitioners and their predecessors have a long standing jamabandi and the same cannot be cancelled in a summary proceeding by the Respondent authorities.

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If the Respondent authorities want to cancel the long standing jamabandi, it can be done only by them by resorting to filing a title suit in the Civil Court and until and unless the order is passed in favour of the State in the title suit, the Jamabandi of the petitioner cannot be disturbed.

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In view of the above, this application is allowed.

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Accordingly, Jamabandi Cancellation Case No. 76/2018, issued by the Additional Collector, Jamui under Memo No. 739 dated 03.07.2018 is hereby quashed.

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(Sandeep Kumar, J)

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Saif/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	05.01.2024
Transmission Date	N.A.

Yadu Nandan Jha and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Yadu Nandan Jha and Ors. v. The State Of Bihar and Ors.

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