Chandradev Yadav vs The State Of Bihar
2023 Latest Caselaw 3460 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6418 of 2020
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Chandradev Yadav S/o Late Radho Yadav Resident of Village- Arariya, P.O.- Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub-Dvision- Gogri, District- Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2. The Divisional Commissioner, Munger.

3. The Collector, Dist- Khagaria.

4. The Additional Collector, Land Reforms Department, Dist- Khagaria.

5. The Deputy Collector, Parbatta, District- Khagaria.

6. The Circle Officer, Parbatta, District- Khagaria.

7. Upendra Yadav S/o Late Sitaram Yadav Resident of Village- Arariya, P.O.-

Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub-Division- Gogri, District- Khagaria.

8.1. Pana Devi Wife of Late Baleshwar Yadav Resident of Village- Arariya, P.O.-

Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub Division- Gogri, District- Khagaria.

8.2. Anirudh Yadav Son of Late Baleshwar Yadav Resident of Village- Arariya, P.O.- Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub Division- Gogri, District- Khagaria.

8.3. Manirudh Yadav Son of Late Baleshwar Yadav Resident of Village- Arariya, P.O.- Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub Division- Gogri, District- Khagaria.

9. Krishna Murari Yadav S/o Late Botal Yadav Resident of Village- Arariya, P.O.- Arariya Balha, P.S.- Parbatta (Maraiya), Pargana- Farkiya, Sub- Division-Gogri, District- Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr.Raj Kishore Roy ( GP18 ) For Respondent No. 8.1 to 8.3 : Mr. Satish Chandra Mishra, Advocate Md. Nurul Hoda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR CAV JUDGMENT Date : 02-08-2023

Heard Shri Rajesh kumar, learned counsel for the

petitioner, Shri Raj Kishore Roy, learned GP-18 for the State

and Md. Nurul Hoda, learned counsel for the private respondent Patna High Court CWJC No.6418 of 2020 dt.02-08-2023

nos. 8.1 to 8.3.

2. This application has been filed for quashing of

the order dated 24.08.2019 passed by learned Additional

Collector , Khagaria in Jamabandi Correction Appeal Case No.

17 of 2018, by which the Additional Collector has affirmed the

order dated 10.12.2017 passed by the D.C.L.R, Khagaria in

Jamabandi Correction Case No.02 of 2016-17, whereby and

whereunder he recommended the correction/cancellation of

Jamabandi Nos.55BK, 243LRD and 749LRD, which were

created in favour of the petitioner.

3. The short facts of this case, as stated in the writ

petition, are that one Madho Mandal died leaving behind three

sons, namely, Bhay Lal mandal, Budhu Mandal and Ritlal

Mandal. Budhu Mandal had only one son, who died issueless

and Ritlal Mandal died leaving behind his wife and a son,

namely, Ragav Mandal. Bhay Lal Mandal after partition in the

family, purchased lands through several registered deeds from

one Nasib Mandar and Kalak Lal Mandal. It is alleged that

Most. Aksi Devi, wife of late Ritlal Mandal (grand father of the

petitioner) had given her entire property of land to Bhay Lal

Yadav by executing registered deed of Bajidawa on 21.04.1932.

Thereafter, Bhay Lal Mandal got his name mutated in Sirista of Patna High Court CWJC No.6418 of 2020 dt.02-08-2023

ex-landlord and accordingly, rent receipts have also been issued

in his favour. In the year 1965-66, Partition Suit No.188 of

1965-66 was filed by Ragho Yadav and Chhatu Yadav. The said

partition suit was decided by the Circle Officer, Parbatta and

accordingly, new jamabandi in favour of Ragho Yadav was

created vide correction slip dated 23.12.1965. It is the case of

the petitioner that all of a sudden in the year 2016 the private

respondents filed Mutation Correction Case No.2 of 2016-17

before the D.C.L.R, Khagaria on the ground that on basis of

forged and fabricated documents, Ragho Yadav got his name

mutated in serista of ex-landlord. The D.C.L.R, Khagaria vide

order dated 10.12.2017 recommended correction/cancellation of

Jamabandi Nos.55BK, 243LRD and 749LRD, which were in

favour of the petitioner. On the basis of the recommendation

order of the learned D.C.L.R, Jamabandi Correction Appeal

Case No.17 of 2018 was registered and placed before the

Additional Collector, Khagaria for approval of order dated

10.12.2017 passed by the D.C.L.R, Khagaria. It is the case of

the petitioner that the Additional Collector, Khagaria without

issuing notice to the petitioner and without going through the

objection filed by him, has approved the order dated 10.12.2017

passed by D.C.L.R, Khagaria. Hence, this writ petition. Patna High Court CWJC No.6418 of 2020 dt.02-08-2023

4. Learned counsel for the petitioner submits that

the order of the Additional Collector, Khagaria approving the

recommendation of the D.C.L.R is without jurisdiction. He

further submits that under Section 9 of the Mutation Act, 2011

the Additional Collector has power to make inquiries in respect

of any jamabandi which has been created in violation of any

law and after hearing the affected party, he may cancel the

jamabandi. According to learned counsel for the petitioner, the

private respondents never challenged the order of the Partition

Suit dated 23.12.1965 and therefore, the same has attained its

finally.

5. Learned counsel for the petitioner further

submits that before the Additional Collector, Khagaria, the

petitioner appeared and filed objection that under the Mutation

Act, the D.C.L.R has no power to correct the jamabandi entry.

He further submits that the Additional Collector, Khagaria

without issuing any notice to the petitioner and without going

through the objection filed by the petitioner has approved the

order of the learned D.C.L.R, Khagaria recommending

correction/cancellation of jamabandi created in favour of the

petitioner, which is violative of the principles of natural justice.

6. I have heard considered the submissions of the Patna High Court CWJC No.6418 of 2020 dt.02-08-2023

parties and perused the materials available on record.

7. In this case, the State and the respondent nos. 8.1

to 8.3 have filed their counter affidavits. Though the respondent

nos. 8.1 to 8.3 have replied to the factual aspects of the matter

but have not denied the statements made in paragraph nos. 18

and 20 of the writ petition that the petitioner was never heard

before passing the impugned order dated 24.08.2019 approving

the order of the D.C.L.R, Khagaria, in Mutation Correction

Case No. 2 of 2016-17.

8. Any authority under law before passing any

order prejudicial to a party must issue notice to the affected

party and will pass the order only after appearance of the

affected party and after hearing him. In the present case, from

perusal of the order dated 24.08.2019 passed by the Additional

Collector, Khagaria and also on going through the averments

made by the petitioner, which has not been denied by the State

or the private respondents, it is clear that the petitioner was

never heard by Additional Collector, Khagaria before passing

the impugned order dated 24.08.2019.

9. In my opinion, this kind of order is in complete

violation of the principle of natural justice and the same cannot

be sustained.

Patna High Court CWJC No.6418 of 2020 dt.02-08-2023

10. For the foregoing reasons, the impugned order

dated 24.08.2019 passed by learned Additional Collector,

Khagaria in Jamabandi Correction Appeal Case No. 17 of 2018

is hereby quashed in the interest of justice. The matter is

remitted back to the learned Additional Collector, Khagaria to

hear the Jamabandi Correction Appeal Case No.17 of 2018

afresh after issuing notice to the petitioner and the private

respondents. While deciding the appeal, the Additional

Collector, Khagaria will consider all the submissions of the

parties and thereafter, pass a reasoned order in accordance with

law.

11. With the aforesaid observations and directions,

this application is allowed.

                                                          (Sandeep Kumar, J)


Harsh/
AFR/NAFR               NAFR
CAV DATE               02.08.2022
Uploading Date         02.08.2023