Court Directs Immediate Resumption of Rent Receipts, Warns State Against Contemptuous Actions
In a significant ruling, the Patna High Court has quashed the Bihar State authorities' actions to cancel a longstanding jamabandi through summary proceedings. The judgment, delivered by Justice Sourendra Pandey, emphasizes that such matters must be addressed through competent civil courts, not through administrative shortcuts.
The petitioner, Krishna Kumar Goenka, was aggrieved by the abrupt stoppage of rent receipts, a practice maintained for over 60 years. The High Court had previously addressed a similar issue involving Goenka's brothers, ruling that the state must approach a civil court to resolve such disputes.
Despite this, the State of Bihar pursued a different approach, halting rent receipts and recommending the cancellation of the petitioner's jamabandi. This led to the initiation of Cancellation Case No.39 of 2023 by the Additional Collector, which the court found to be in direct violation of established legal principles.
The court reiterated the importance of adhering to judicial orders and warned against any action that bypasses judicial pronouncements. Justice Pandey cited the precedent set in the case of The King v. Parmanand and Others, emphasizing that executive officials must not usurp judicial functions.
The court directed the Circle Officer, Khaira, Jamui, to resume issuing rent receipts to the petitioner immediately. It further warned that any action by the state beyond filing a civil suit would be deemed contemptuous.
This judgment serves as a critical reminder of the separation of powers and the necessity for state authorities to respect judicial processes.
Bottom line:-
Longstanding jamabandi cannot be cancelled through summary proceedings. The only lawful recourse for the State is to file a civil suit before a competent Civil Court.
Statutory provision(s): Section 3(H)
Krishna Kumar Goenka v. State of Bihar, (Patna) : Law Finder Doc id # 2932472
