Court affirms that Jamabandi entries, once established, cannot be canceled by revenue authorities without civil court intervention.
In a significant ruling, the Jharkhand High Court has upheld the validity of Jamabandi entries in favor of the respondent, dismissing an appeal by Kishori Sah and others challenging the entries and seeking their cancellation. The Division Bench, comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar, emphasized that revenue authorities lack the jurisdiction to annul or cancel Jamabandi entries unless authorized by statute, reaffirming the necessity of a civil suit for any such action.
The case revolved around a land dispute in Village-Kabilasi, Hazaribagh, where the appellants claimed that a portion of land was settled in their ancestors' names and that they have been in peaceful possession for decades. The appellants contended that the Jamabandi entries in favor of the late Vishwanath Baidh, the original respondent, were made without providing them an opportunity for a hearing, violating principles of natural justice.
However, the court found that the Jamabandi entries were established in 1965, and rent receipts had been issued to the respondent from 1965-77. The appeal centered on the issuance of rent receipts in 2015, which the Member, Board of Revenue, Jharkhand, directed based on the running Jamabandi in the respondent's name. The court clarified that once Jamabandi is created, revenue authorities are obligated to issue rent receipts unless canceled by a competent court order.
The judgment further highlighted that mutation proceedings are limited to revenue records and do not determine ownership or possession rights, thereby underscoring that disputes related to land title must be resolved through civil court proceedings. The court dismissed the appellants' claims, noting their failure to present any judicial order canceling the Jamabandi in favor of the respondent.
The ruling is significant in affirming the legal principle that Jamabandi entries, once made, are resilient against revenue authority actions unless challenged legally in a civil court. The appellants have been advised to seek alternative legal remedies if desired.
Bottom line:-
Jamabandi once created cannot be annulled or canceled by revenue authorities except through a suit in the competent Civil Court. Long-running Jamabandi entries are legally valid unless challenged and annulled by a judicial order.
Statutory provision(s): Bihar Tenants' Holdings (Maintenance of Records) Act, 1973
Kishori Sah v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2941619
