RANCHI: In a significant ruling, the Jharkhand High Court has held that revenue authorities cannot annul a long-standing Jamabandi (record of land rights) merely through an administrative order.
Justice Ananda Sen observed that if the State government questions the legitimacy of a Jamabandi or land settlement, it must seek adjudication before a competent civil court to establish its rights, title and interest over the land.
“Thus, the impugned orders dated April 23, 2017, passed by the Deputy Commissioner in Suspicious Jamabandi Cancellation Proposal Record No. 47/2016-2017 and Suspicious Jamabandi Cancellation Proposal Record No. 43/2016-2017 are hereby set aside,” the court said.
With this observation, the court quashed the April 23, 2017 order of the then Hazaribagh Deputy Commissioner cancelling the Jamabandi of land in Pandu village under Keredari block of Hazaribagh.
The court, however, clarified that the State government is free to pursue its claim by filing an appropriate suit before a competent civil court, in accordance with law, to establish its rights over the disputed land.
Appearing for the petitioners, the advocates informed the court that the disputed land had been settled by the then zamindar (landlord) through a hukumnama. The Jamabandi had been regularly maintained in the petitioners' names since 1955.
They further submitted that the petitioners had consistently paid government land revenue, demonstrating that the administration had also recognised their rights over a long period.
Citing the precedent in State vs Izhar Hussain, Justice Sen reiterated that revenue officials do not have the authority to cancel a Jamabandi that has remained in effect for a long period. Final determinations regarding ownership and title can only be made by a civil court.
The court observed that a Jamabandi that has remained operational for nearly 60 years cannot be cancelled merely on grounds such as the absence of a recorded order for opening the Jamabandi in the register, the unavailability of land returns or other administrative doubts. It stressed that due legal process is mandatory in such cases.
During the hearing, the court was also informed that in 2013, during the land acquisition process by NTPC, the Additional Collector had conducted a detailed inquiry and recognised the petitioners as valid claimants entitled to compensation. Following the inquiry, the process for disbursing compensation had been initiated, acknowledging them as the rightful holders of the land.
The petitioners argued that since government agencies had previously acknowledged their rights, cancelling the Jamabandi years later solely on suspicion was unjustified and contrary to law.
Subsequently, the Circle Officer submitted an inquiry report noting the absence of any recorded order in Register-II regarding the opening of the Jamabandi. It also cited the non-filing of land returns and the fact that the petitioners were not found to be in physical possession of the land.
Based on these findings, the then Hazaribagh Deputy Commissioner deemed the Jamabandi suspicious and cancelled it through an order dated April 23, 2017. The petitioners challenged the order before the High Court.
The petition was filed by Md Zahid Miyan and Md Shamim Miyan, who challenged the order of the then Hazaribagh Deputy Commissioner cancelling the Jamabandi.
