Longstanding Jamabandi Cannot Be Cancelled Without Notice; State Directed to Pursue Civil Remedies for Title Disputes
In a significant ruling, the Patna High Court has quashed the proceedings for the cancellation of Jamabandi initiated against Chandra Kishore Yadav and others, reinforcing the necessity of due process and notice before such actions. The decision, rendered by Justice Sourendra Pandey in Civil Writ Jurisdiction Case No. 17623 of 2022, underscores the importance of adhering to legal procedures when disputing land titles.
The petitioners, including Chandra Kishore Yadav, sought the court's intervention to annul the notice issued under Section 9 of the Bihar Land Mutation Act, 2011, which aimed to cancel their Jamabandi. The land in question, measuring approximately 8 acres, was earmarked for the construction of an old age home and a gowdown by the state authorities. However, the petitioners contended that the land had been settled with their family for three generations and that the state's actions were arbitrary and lacked legal standing.
The High Court noted that the Jamabandi in question was established in 1978 and had been maintained since, with the petitioners regularly submitting rent. In its judgment, the court emphasized that longstanding Jamabandi cannot be revoked summarily without due notice, even if the state's claim over the land is contested. The court highlighted precedents from cases such as Maya Devi v. State of Bihar and State of Bihar v. Harendra Nath Tiwary, which stipulate that the state must seek civil court intervention for title disputes instead of unilateral administrative actions.
Justice Pandey pointed out the illegality of cancelling Jamabandi without sufficient evidence of contravention of law or executive instructions, as per the Bihar Land Mutation Rules, 2012. The court criticized the state authorities for bypassing due process and stressed that any land acquisition must comply with the provisions of the Land Acquisition Act, ensuring fair compensation to the landowners.
In conclusion, the court ordered the restoration of Jamabandi No. 311 and allowed the state the liberty to pursue its claims through appropriate legal channels if advised. The writ petition was consequently allowed, reaffirming the rule of law and protection of property rights under Indian jurisprudence.
Bottom line:-
Longstanding Jamabandi cannot be cancelled summarily without notice, even if the title of the landowner is disputed. The State must approach the civil court for resolution of title disputes or follow due process under the Land Acquisition Act for compensation and acquisition of the land.
Statutory provision(s): Bihar Land Mutation Act, 2011, Bihar Land Mutation Rules, 2012, Land Acquisition Act
Chandra Kishore Yadav v. State of Bihar, (Patna) : Law Finder Doc id # 2942531
