Patna High Court
Ram Babu @ Ram Babu Sah vs The State Of Bihar And Ors on 5 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13681 of 2016
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Ram Babu @ Ram Babu Sah Son of late Ram Chandra Prasad @ late Ram
Chandra Sah @ Ram Chandra Prasad resident of Neem Ghat, Khajekalan,
P.S.- Khajekalan, District- Patna
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna
3. The Principal Secretary, Department of Road Construction, Government of
Bihar, Patna
4. The District Magistrate, Saran at Chapra
5. The Land Acquisition Officer, District Saran at Chapra
6. The Deputy Collector, Land and Reforms, Saran at Chapra
7. The Additional Collector, Saran at Chapra
8. The Circle Officer, Sonepur, District-Saran
9. The Circle Inspector, Sonepur, District- Saran
10. Navyuga Engineering Company Ltd. through its Managing Director,
Corporate office at Plot No. 379, Road No. 10, Jubilee Hills, Hyderabad-
500033,State Andhra Pradesh.
11. The Managing Director, Navyuga Engineering Company Ltd. Corporate
Office at Plot No. 379, Road No. 10, Jubilee Hills, Hyderabad-500033,State
Andhra Pradesh.
12. Assistant General Manager Projects, Navyuga Engineering Company Ltd. At
Office- Chand Hospital, House No. 171, Patliputra Colony, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the Respondent/s : Mr.Subhash Chandra Yadav- Gp15
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 05-08-2024
Heard learned counsel for the parties. The present case
has been heard side by side C.W.J.C. No. 13189 of 2016
involving identical issue in which exhaustive counter affidavit
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
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has been filed by the State. Thus, this Court, for the
convenience, while disposing of the present writ application, is
taking into consideration the facts mentioned in the counter
affidavit filed in the aforesaid C.W.J.C. No. 13189 of 2016.
2. In this writ application, the petitioner has prayed for
following relief/s:-
"i. For issuance of a Writ in the nature of certiorari for
quashing the order dated 05.05.2016, passed in Misc. Case
No. 22 of 2015 arising out of Jamabandi Cancellation Case
No. 27/14-15 as contained in memo No. 779 dated 10.05.2016
passed by the Collector-cum-District Magistrate, Saran,
Chapra by which the Jamabandi as already created in the
name of Dakhalkar Raiyat (Petitioner) has been cancelled
and further the petitioner has been asked to move the
competent authority on the point of validity of the sale deeds.
ii. For issuance of an appropriate Writ for a
declaration that the initiation of Jamabandi cancellation
Proceeding and the order dated 21.03.2015 passed by the
Additional Collector, Saran Chapra in Jamabandi
cancellation Case No. 27/14-15 as well as all the
subsequential orders are in teeth of the provisions of Bihar
Land Mutation Act and the same has been arbitrarily and
malafidely done only to deprive the petitioner from getting the
benefit of the amount of compensation, as his Raiyati land is
being acquired for the purposes of construction of Ganga
Highway (from Digha to Didarganj).
iii. For issuance of an appropriate Writ holding and
declaring that the Raiyati land of the petitioner has to be
acquired for the purpose of making Ganga Highway (from
Digha to Didarganj) only after proper acquisition as per the
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
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Land Acquisition Act and only after giving due compensation
to the petitioner in the Acquisition Proceeding, the lands of
the could be acquired for the aforesaid purpose for making
Ganga Highway (from Digha to Didarganj).
iv. For issuance of an appropriate writ restraining the
respondents to acquire the land of the petitioner for the
aforesaid purpose of construction till the matter is finally
adjudicated by this Hon'ble Court or in alternative till the
compensation at the rate of market value of the land is paid
by the Respondents for the land for which the Jamabandi has
been arbitrarily cancelled by the Respondents and which is to
be acquired for making Ganga Highway (from Digha to
Didarganj)."
3. The brief fact, according to the petitioner, is that for
construction of Ganga Driveway from Digha to Didarganj, the
district authorities of Saran were directed to made available
129.93 acres of land situated under the Sonepur Circle, Village
Sabalpur, Thana No. 110 to the Road Construction Department.
Following the aforesaid direction, the Road Construction
Department together with Circle Officer, Sonepur, marked the
land and out of 129.93 acre required land, 88.99 acres of
Government land of Thana No. 110 was transferred to the Road
Construction Department after obtaining due approval from the
Revenue Department, Bihar. For the remaining 40.24 acres of
land of Thana No. 110, which were unsurveyed, 99 Raiyats
claimed their right and title over it. Thereafter, the office of the
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District Land Acquisition, Saran directed the Deputy Collector
Land Reforms, Sonepur, Saran to submit a report with regard to
the claims over the 40.24 acres of unsurveyed land. After receipt
of the letter, the Deputy Collector Land reforms, Sonepur, Saran
issued notices to all the 99 raiyats, asking them to prove their
claim over the land, in question. After notice, 131 applicants
appeared and submitted their documents to prove their claim.
The Deputy Collector Land Reforms, Sonepur compared the
documents from the Revenue records and also made spot
enquiry and found that out of 131 claimants, 48 claimants, in
whose favour Zamabandi was created, was without order of
competent authority and their claims in this respect appeared to
be forged and suspicious. As far as 19 claimants in whose
favour Zamabandi existed is concerned, actually, no such land
was existing on the ground upon which they laid their claim. In
case of rest 64 claimants, no Zamabandi was existing.
Accordingly, the Deputy Collector Land Reforms, Sonepur vide
letter dated 02.03.2015 recommended for starting process of
cancellation of all such suspicious Zamabandi which appeared
to be created by forgery. Thereafter, process of cancellation of
Zamabandi was started and report from Halka Karamchari
through Circle Inspector was called for in respect of Zamabandi
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
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No. 282/1. The Halaka Karamchari reported that the land of
village Sabalpur, Thana No.110 is unsurveyed and, thus, it is
difficult to identify the correct land without Khata and Khesra. It
was also found that the Jamabandi was created without order of
the competent authority and without any case number. The
Circle Officer submitted the record to the Deputy Collector
Land Reforms along with enquiry report following which
recommendation was made for cancellation of Zamabandi and
forwarded the record to the Additional Collector, Saran. The
Additional Collector, Saran vide order dated 21.03.2015
cancelled the Zamabandi of the petitioner.
4. Thereafter, the Deputy Secretary, Department of
Revenue and Land Reforms, Bihar vide letter dated 07.09.2015,
sought clarification from the Collector, Saran. The Collector,
Saran found that the Additional Collector, Saran had passed the
order without giving an opportunity of hearing the concerned
parties, violating the principles of natural justice. Accordingly,
the Collector, Saran set aside the aforesaid order dated
21.03.2015
passed by the Additional Collector, Saran and
started fresh hearing in the matter and notice dated 31.12.2015
was issued to the petitioner. Thereafter, the petitioner appeared
before the Collector in Misc. Case No. 22/2015 arising out of
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
Zamabandi Cancellation Case No. 27/14-15. The Collector, after
hearing the parties, passed the impugned order dated
05.05.2016, cancelling the Zamabandi of the petitioner.
5. At the first instance, learned counsel for the
petitioner submits that the petitioner has his land in the proposed
area of construction of the aforesaid Highway in village
Sabalpur, Thana No. 110 and his land is being acquired for the
said purpose after having obtained the measurement from the
Anchal Amin and recommendation as made by the Circle
Officer. He further submits that the District Magistrate is not
authorized under the law to cancel the Jamabandi of the
petitioner and that too on a suo motu proceeding and, as such, it
is in teeth of Section 9(6) of the Bihar Land Mutation Act, 2011.
He further submits that the Jamabandi of the petitioner's land
has been cancelled only due to the reason that the respondents
are bent upon not to give the benefit of compensation of the said
land, which is to be acquired for the purposes of construction of
Ganga Highway. He submits that the land, in question, belongs
to the petitioner and the same can only be transferred for the
aforesaid construction only after due process of land acquisition
and compensation but, only to debar the petitioner, the
impugned order has been passed.
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
6. Learned counsel for the petitioner submits that
when the land of the petitioner was acquired by the respondents
without acquiring the same and without acquisition proceeding
as well as the petitioner was being prohibited from going to his
respective land, the petitioner along with other writ petitioners
moved before this Court in CWJC No. 21520 of 2013
challenging the arbitrary action of the respondents which was
disposed of on 03.07.2014, directing the respondents to make
proper enquiry and, at the same time, it was directed that if it is
found that the petitioner is the owners of the land, he should not
be stopped from going over the same. It was further directed
that if the land belong to the petitioner, he should be suitably
compensated in accordance with law. Learned counsel for the
petitioner thus submits that after the aforesaid order was passed
by the Hon'ble Court, the respondents without making any
enquiry and without physical verification of the land as also
without notice to the petitioner and without complying the order
passed by this Court, suo motu proceeding was initiated for
cancellation of the Jamabandi of the petitioner.
7. Learned counsel for the petitioner referring Section
9 of the Bihar Land Mutation Act, submits that the
cancellation proceeding has neither been initiated suo motu by
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
the Additional Collector nor on any application rather on the
basis of recommendation of the Circle Officer as well as the
DCLR, the order of cancellation of Jamabandi has been passed
by the Additional Collector. He further submits that the order of
cancellation of Jamabandi has been passed ex-parte and without
providing any opportunity of hearing to the petitioner and, as
such, the order passed by the Additional Collector, Saran is
illegal and arbitrary and violative of principle of natural justice.
8. Learned counsel for the petitioner referring to
Section 9(6) of the Bihar Land Mutation Act, submits that the
Collector has not been vested with suo motu power to look into
the decision of the Additional Collector passed in Jamabandi
Cancellation Proceeding and only on appeal preferred within 30
days, the District Collector can hear the appeal but, in the
present case, in order to show the bonafide that the Additional
Collector has passed the order without providing opportunity of
hearing to the petitioner and as such, has set aside the order
passed by the Additional Collector, and on the same report of
the Circle Officer and the DCLR, the District Collector
cancelled the Jamabandi of the petitioner.
9. Per contra, learned counsel for the State submits
that on the clarification being sought from the Collector by the
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
Deputy Secretary, Department Revenue and Land Reforms,
Bihar vide letter no. 395 dated 07.09.2015, the Collector, Saran
sought records of the case from the office of the Additional
Collector, Saran and, after going through the same, he found
that the Additional Collector, Saran had passed the order without
hearing the concerned parties, which was in violation of
principles of natural justice. Accordingly, the Collector, Saran
set aside the order dated 21.03.2015 passed by the Additional
Collector, Saran, Chapra and started fresh hearing in the matter.
Notices were issued to the petitioner and, pursuant thereto, the
petitioner appeared before the Collector in Misc. Case No.
22/2015 arising out of Zamabandi Cancellation Case No. 27/14-
15 and submitted his defence. Thereafter, the learned Collector,
after hearing the parties and perusing the documents, passed a
detailed and reasoned order dated 05.05.2016, cancelling the
Zamabandi of the petitioner. Thus, learned counsel for the State
submits that the learned Collector has rightly cancelled the
Zamabandi after adopting due process of law as Zamabandi has
been created without initiating any proceeding of Zamabandi.
10. There is a statutory provision made under Section
9 of the Bihar Mutation Act, 2011 which confers power upon the
Additional Collector to dispossess a person from such land, on
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
cancellation of jamabandi, so as to put in possession the person
found legitimately entitled. Section 9 of the Bihar Land
Mutation Act, 2011 reads as follows:-
"9. Cancellation of Jamabandi. - (1) The Additional
Collector, either suo motu or on an application, shall
have the power to make inquiries in respect of any
Jamabandi, which has been created in violation of any
law for the time being in force or in contravention of
any executive instruction issued in this behalf. The
Additional Collector, in whose jurisdiction the land is
situated, may, after giving reasonable opportunity to
the parties concerned to appear, adduce evidence and
be heard, cancel such Jamabandi, dispossess the
person claiming under it and deliver the possession to
the legitimate owner/custodian, on such terms as may
appear to the Additional Collector to be fair and
equitable.
(2) The jamabandi shall not be cancelled
under sub-section (1) without giving reasonable
opportunity to the parties, having interest in that
jamabandi, of being heard.
(3) Any person, having interest in a land
or a part thereof, of any jamabandi may file a
petition in the prescribed manner for the
cancellation of the jamabandi before the
Additional Collector in whose jurisdiction the land
or a part thereof is situated.
(4) The Additional Collector, in whose
jurisdiction the land or a part thereof of the
jamabandi is situated, on a petition filed for the
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
cancellation of the jamabandi or on reference from
a Government Department which has an interest in
the land or a part thereof or suo motu, may initiate
proceedings for cancellation of the jamabandi by
issuing notice to persons having interest in the
jamabandi.
(5) The Additional Collector in whose
jurisdiction the land or a part thereof in the
jamabandi is situated, after enquiry either by
himself or by an officer authorized by him in this
behalf, shall pass such order as he deems fit."
11. Thus, from plain reading of the provisions of
Section 9 of the Act, 2011 read with Rule 13 of the Bihar Land
Mutation Rules, 2012, it is abundantly clear that only the
Additional Collector, either suo motu or on an application for
cancellation of Jamabandi, can cancel the Jamabandi of a
person.
12. Having considered the rival submissions of the
learned counsel for the parties and after going through the entire
records of the case, this Court finds that the impugned order
05.05.2016 passed by the Collector-cum-District Magistrate,
Saran, Chapra is without jurisdiction as under Section 9 of the
Bihar Land Mutation Act, 2011, the competent authority to
cancel the Jamabanadi of a person lies with the Additional
Collector. Accordingly, in the interest of justice, both the orders
Patna High Court CWJC No.13681 of 2016 dt.05-08-2024
dated 21.03.2015 passed by the Additional Collector, Saran,
Chapra in Jamabandi Cancellation Case No. 27/14-15 and the
order dated 05.05.2016 passed by the Collector-cum-District
Magistrate, Saran, Chapra in Misc. Case No. 22 of 2015 arising
out of Jamabandi Cancellation Case No. 27/14-15 contained in
Memo No. 779 dated 10.05.2016 are hereby quashed and the
matter is remanded back to the Additional Collector, Saran,
Chapra/Respondent no.7, who after affording an opportunity of
hearing to all the parties concerned and after going through the
documents, will take a decision in accordance with law by
passing a detailed and reasoned order within a period of three
months from the date of receipt/production of a copy of this
order.
13. With the aforementioned observation/direction, the
writ petition is allowed to the extent indicated above.
(Rudra Prakash Mishra, J)
Pankaj/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 30.08.2024
Transmission Date N/A
