Jharkhand High Court
Nawal Kishore Singh & Another vs The State Of Jharkhand & Others on 14 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 2252 of 2006
........
Nawal Kishore Singh & Another .... ..... Petitioners
Versus
The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioners : Mr. Amar Kr. Sinha, Advocate.
For the Respondents / State : Mr. Prashant Kr. Rai, A.C. to
Mr. Ratnesh Kumar, S.C. (L&C)-I.
........
The matter is being taken up through Video Conferencing. Learned counsel for
the parties have no objection with it and submitted that the audio and video
qualities are good.
08/14.11.2022.
This is glaring example of high-handedness of the revenue
authorities. The Commissioner, Palamau Division, Medininagar at
Daltonganj in Revenue Revision Case No. 38/2002 has himself
recorded on 30.09.2003 that revenue court does not have power to
change the running jamabandi, but rest with Civil Court. However,
by the impugned order dated 08.03.2006, another Commissioner,
Palamau Division, Medininagar at Daltonganj has reviewed the order
passed three years ago and cancelled the jamabandi.
Learned counsel for the petitioners, Mr. Amar Kumar Sinha
has submitted, that once, jamabandi is running in the name of a
person that cannot be cancelled by revenue authority in absence of
any provision of law under the Bihar / Jharkhand Tenants Holdings
(Maintenance of Records) Act, 1973, as such invocation of power
has brought anarchy in the system. This is prevailed in the State of
Jharkhand because of the role played by the revenue authorities,
which has been deprecated by the Hon'ble Division Bench of this
Court in L.P.A. No. 142/2009, even then, the State is not taking care
of it and are passing such orders.
Learned counsel for the respondents / State, Mr. Prashant
Kumar Rai, A.C. to Mr. Ratnesh Kumar, S.C. (L&C) -I is directed to
bring this fact to the notice of the Secretary, Department of Revenue,
Registration and Land Reforms, Government of Jharkhand with
regard to his opinion on this file and why action should not be taken
against such Commissioner, Palamau Division, Medininagar at
Daltonganj, who has misused the privilege of law knowing that they
cannot pass such order?
Learned counsel for the respondents / State has further
directed to place this file before the Secretary, Department of
Revenue, Registration and Land Reforms, Government of Jharkhand
along with the judgment of Dilip Kumar Mahto Vs. State of Bihar
& Ors. reported in 2001 SCC Online Jhar 310 / (2001) 1 JLJR 75
(HC) (para-4) and also AIR (1950) SC 250 (Para-29), 2003 (1)
JLJR 95, 2001 (3) JCR 206.
The Secretary, Department of Revenue, Registration and Land
Reforms, Government of Jharkhand is directed to file affidavit, if so
likes and assist this Court on 07.12.2022, as other similar matters are
fixed on that day.
List this case on 07.12.2022.
Let a copy of this order be communicated to the Secretary,
Department of Revenue, Registration and Land Reforms,
Government of Jharkhand through FAX / e-mail.
(Kailash Prasad Deo, J.)
Sunil/-
