JAGARNATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for setting aside the order dtd. 9/5/2018 passed by the Additional Collector, Madhubani in Jamabandi Cancellation Case No.06 of 2017-18, by which the Additional Collector has cancelled the Jamabandi No.472 which was running in the name of the father of the petitioner since 1935.

(2.) The short facts of this case, as stated in the writ petition, are that the land bearing Khata No. 224, Khesra No. 1004 measuring total area 18 Katthas and 8 dhurs was recorded as Gairmazarua Aam in Cadastral Survey Khatiyan but in the remarks column name of several persons were recorded, who were already in possession of the respective lands. Originally, the land in question belonged to Darbhanga Raj. In the year 1935, about 12 Khatas of land was settled in favour of the father of the petitioner on the basis of his possession over the said land after realizing Rs.58.00 as Salami. Thereafter, Jamabandi No.472 was created and the ancestors of the petitioner were in peaceful possession of the said land. After vesting of Zamindari, return of Jamabandi was filed for the said land, rent was paid till the year 2012-13. After creation of jamabandi, the ancestors of the petitioner were in peaceful possession over the land in question but a dispute took place in the year 2004 between the petitioner's family and one Ramdeo Sah, who lodged a complaint against the petitioner and his family members for committing theft of mangoes from the orchard, which was situated on the land in question and the Magistrate took cognizance against the petitioner and his family members. After passing of cognizance order by the Magistrate, the petitioner and his family members approached this Court for quashing of the cognizance order and the same has been quashed by this Court.

(3.) It is the case of the petitioner that after quashing of the cognizance order, the Circle Officer acting upon an application filed by Ramdeo Sah directed the Amin to measure and demarcate the land and submit a report in this regard. After submission of the report, the petitioner received a notice dtd. 12/6/2017 issued by the Additional Collector, Madhubani in Jamabandi Cancellation Case No.06/2017-18 by which the petitioner was directed to appear on 21/6/2017 and accordingly the petitioner appeared before the Additional Collector, Madhubani and filed a detailed written statement and requested the Additional Collector to reject the Jamabandi Cancellation Case No.06/2017-18. However, by the impugned order dtd. 9/5/2018, the Additional Collector cancelled the Jamabandi of the petitioner which was running in the name of the father of the petitioner since 1935. Hence, this writ petition.