M/S Jagdamba Educational Trust vs The State Of Jharkhand & Ors
2022 Latest Caselaw 242 Jhar

Citation : 2022 Latest Caselaw 242 Jhar
Judgement Date : 3 February, 2022

Jharkhand High Court

M/S Jagdamba Educational Trust vs The State Of Jharkhand & Ors on 3 February, 2022

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   W.P.(C) No.4216 of 2013
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M/s Jagdamba Educational Trust ......... Petitioner Versus The State of Jharkhand & Ors. .......... Respondents

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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. R.N. Sahay, Sr. Advocate : Mr. Yashvardhan, Advocate For the Resp.-State : Mr. P.C. Roy, Advocate

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08/03.02.2022 The matter has been taken up through video conferencing with the consent of learned counsel for the parties.

This writ petition is under Article 226 of the Constitution of India, whereby, the order dated 13.07.2012 passed by the Circle Officer, Bengabad is under challenge, by which, the decision has been taken for cancellation of Jamabandi in purported exercise of power conferred under Section 4(h) of the Bihar Land Reforms Act, 1950.

It has been contended on behalf of the learned senior counsel for the petitioner that under the Bihar Land Reforms Act, there is no provision of cancellation of Jamabandi.

Further, submission has been made by referring to the provision of Section 4(h) of the Bihar Land Reforms Act which stipulates about initiation of enquiry by the Deputy Commissioner, if any settlement of the land, for the purpose of frustrating the object and intent of the Act, 1950 is there, in a settlement done on or after 01.01.1946, then, only the provision of Section 4(h) of the Act, 1950 is to be resorted that to for annulment of transfer and not for cancellation of Jamabandi.

He has relied upon the judgment rendered by the Division Bench of this Court in the case of Izhar Hussain Vrs. The State of Jharkhand & Ors. passed in L.P.A. No.786 of 2018 on 05.11.2020.

He further submits that the aforesaid judgment has already been affirmed by the Hon'ble Apex Court in S.L.P. (C) No(s).8108 of 2021 on 06.07.2021.

Mr. P.C. Roy, learned counsel appearing for the respondent State of Jharkhand has sought for two weeks' time to seek instruction and if required to file counter affidavit.

Considering the aforesaid submission, let this matter be listed on 17.02.2022.

(Sujit Narayan Prasad, J.)

Rohit/-