Dismissed¶28

Diwan Najeer Khan @ Najir Khan v. The State of Bihar

Patna HC29 Jan 2024CWJC/8706/2021

Case brief

AI extract

What is this about?

Bihar mutation proceedings; section 6(12) Bihar Mutation Act, 2011 (operative 22.12.2011) inapplicable to mutation case filed 22.10.2011; jamabandi creation/cancellation confers or extinguishes no title; mutation cannot be allowed while Title Suit No.150 of 2009 pending between common parties over same land; BLT order dated 24.12.2019 upheld; Patna HC CWJC No.8706 of 2021 dismissed (Prabhat Kumar Singh, J, 29-01-2024).

What did the court decide?

Creation or cancellation of jamabandi neither creates nor extinguishes the right and title of any person. ¶26

Diwan Najeer Khan @ Najir Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶28

Issue for consideration

Whether the impugned BLT order is contrary to law because section 6(12) of the Bihar Mutation Act, 2011 came into existence only on 22.12.2011, whereas Mutation Case No. 1099 of 2011-12 was filed on 22.10.2011, so that the old mutation Act should govern the matter. +1 more

¶22

Court's answer

Absence of section 6(12) of the Bihar Mutation Act, 2011 (the provision having come into force only on 22.12.2011, after filing of the mutation case) has no bearing on the present case, rebutting the petitioner's contention that the old mutation Act should apply.

¶26

Ratio / Principle

Creation or cancellation of jamabandi neither creates nor extinguishes the right and title of any person.

¶26

Key takeaways

When title suits are pending before the Civil Court over the disputed land (parties and land being common with the mutation proceedings), the action of the Circle Officer, Chainpur and the DCLR, Bhabua allowing the mutation case in favour of the petitioner is illegal and unsustainable in the eye of law.ratio¶26
The learned Tribunal (BLT) committed no error in passing the impugned order dated 24.12.2019, and the findings recorded by the Tribunal do not suffer from any fallacy.ratio¶27

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.8706 of 2021 (Prabhat Kumar Singh, J; order dt. 29-01-2024): Petitioner sought quashing of the Bihar Land Tribunal's order dated 24.12.2019 in BLT Case No. 76 of 2019, which affirmed the Additional District Magistrate, Kaimur's order dated 05.12.2017 in Mutation Revision No. 46 of 2015-16 setting aside the D.C.L.R., Bhabua's order dated 26.11.2014 (Mutation Appeal No. 46 of 2011-12) and the Circle Officer, Chainpur's order dated 30.11.2011 (Mutation Case No. 1099 of 2011-12, filed 22.10.2011) that had allowed mutation in his favour. Petitioner argued that section 6(12) of the Bihar Mutation Act, 2011 came into existence only on 22.12.2011, so the old mutation Act applied and the BLT order was contrary to law. The Court held that creation or cancellation of jamabandi neither creates nor extinguishes right or title; with Title Suit No.150 of 2009 pending before the Civil Court between common parties over the same land, allowing mutation in the petitioner's favour was illegal and unsustainable; and absence of section 6(12) had no bearing. The BLT committed no error and the writ petition was dismissed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8706 of 2021

¶2

======================================================

¶3

Diwan Najeer Khan @ Najir Khan son of Hazi Riyazuddin Khan Resident of Village- Naughara (Ward No. 3), P.O. and P.S. Chainpur, District- Kaimur at Bhabua.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Principle Secretary, Revenue and Land Reforms, Bihar, Patna.

¶7

The Additional District Magistrate, Kaimur at Bhabua.

¶8

The Deputy Collector Land Reforms, Bhabua, District- Kaimur at Bhabua.

¶9

The Circle Officer, Chainpur, District- Kaimur at Bhabua.

¶10

Brij Nandan Singh Son of Late Purushottam Singh Resident of VillageChainpur, P.O. and P.S.- Chainpur, District- Kaimur at Bhabua.

¶11

Brij Kishore Singh Son of Late Tulsi Singh Resident of Village- Chainpur, P.O. and P.S.- Chainpur, District- Kaimur at Bhabua.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance :

¶15

For the Petitioner/s : Mr. Ashok Kumar Garg, Adv. For the Respondent/s : Mr. Sajid Salim Khan SC 25

¶16

======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶18

3 29-01-2024 Heard learned counsel for the petitioner and the

¶19

State.

¶20

This writ petition has been filed for quashing order dated 24.12.2019, passed by the Member (Administrative), Bihar Land Tribunal in BLT Case No. 76 of 2019 whereby he has affirmed order dated 05.12.2017, passed by the Additional District Magistrate, Kaimur in Mutation Revision No. 46 of 2015-16 by which, order dated 26.11.2014, passed by the D.C.L.R., Bhabua in Mutation Appeal No. 46 of 2011-12 and order dated 30.11.2011 passed by the Circle Officer, Chainpur in Mutation Case No. 1099 of 2011-12, have been set aside.

¶21

Patna High Court CWJC No.8706 of 2021(3) dt.29-01-2024 2/3

¶22

It is submitted by learned counsel for the petitioner that the impugned order is illegal in view of the fact that section 6(12) of the Bihar Mutation Act, 2011 came in existence from 22.12.2011, whereas the present Mutation Case No. 1099 of 2011-12 was filed on 22.10.2011. Therefore, old mutation Act will be applicable in the present matter. Hence, order passed by the BLT on the basis of section 6(12) of the Act is contrary to law and is fit to be quashed.

¶23

Learned State counsel submits that there is no illegality or irregularity in order dated 24.12.2019, passed by the Member (Administrative), Bihar Land Tribunal in BLT Case No. 76 of 2019 by which the Member (Administrative), BLT, has affirmed order dated 05.12.2017, passed by the Additional Collector, Kaimur (Bhabua). He submits that order dated 24.12.2019 has been passed by the Member (Administrative), Bihar Land Tribunal, keeping in view the fact that the land in question is subject matter of Title Suit No.150 of 2009 which is still pending in the Civil Court in which petitioner is party. Moreover, parties before the BLT and in the title suit, are common. Learned counsel also submits that the Additional Collector, Bhabua, has rightly observed in order dated 05.12.2017 that scope of correction of Jamabandi is subject to the decision of Title Suit No.150 of 2009, pending before the

¶24

Patna High Court CWJC No.8706 of 2021(3) dt.29-01-2024 3/3

¶25

competent Civil Court.

¶26

It is well settled that creation or cancellation of jamabandi neither creates nor extinguishes right and title of any person. Besides this, order of the BLT has rightly considered the fact that when the title suits are pending before the Civil Court, action of the Circle Officer, Chainpur and the DCLR, Bhabua allowing the mutation case in favour of the petitioner of that case, is illegal and unsustainable in the eye of law. Parties before the BLT as well as land in dispute are common in the title suits. Absence of section 6(12) of the Act will have no bearing in the present case. Admittedly, title suit is pending between the parties with regard to the same land where right, title and possession are to be adjudicated.

¶27

Taking into consideration the entire facts & circumstances of the case and rival contentions of the parties, this Court is of the opinion that the learned Tribunal (BLT) has committed no error in passing the impugned order. The findings recorded by the Tribunal (BLT) does not suffer from any fallacy.

¶28

The writ petition is accordingly dismissed.

¶29

(Prabhat Kumar Singh, J)

¶30

anay/-

¶31

Diwan Najeer Khan @ Najir Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Diwan Najeer Khan @ Najir Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bhola Singh Vs The Union of India

Shubham Kumar Singh Vs The Union of India

Aman Kumar Singh Vs The Union of India

Rajeev Shahi @ Rajeev Kumar Shahi and Ors. Vs The State Of Bihar and Ors.

Ganesh Singh Vs The State Of Bihar and Ors.

Afroj Jahan Vs The Union Of India and Ors.