RAMBHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This writ application has been filed for the following reliefs:-

(3.) It is submitted by learned counsel appearing on behalf of the petitioner that the present dispute relates to the land bearing Thana No. 501, Khata No. 27, Plot No. 218, having an area of 9 katha, situated at Mauza- Behat, DistrictDarbhanga. It is submitted that the Additional Collector, Darbhanga (Respondent No. 3), exercising jurisdiction under Sec. 9 of the Bihar Land Mutation Act, 2011, read with Bihar Land Mutation Rules, 2012, has failed to appreciate that the jurisdiction is vested to the effect that if any Jamabandi created in violation of any law or in contravention of any executive instruction then he has the jurisdiction to cancel the same after hearing the parties but the long standing Jamabandi which was created on the basis of registered sale deed cannot be cancelled under the Bihar Land Mutation Act, 2011. In support of the same, learned counsel appearing on behalf of the petitioner has relied upon judgment of a Division Bench of this High Court passed in the case of The State of Bihar through the Collector, Siwan & Ors. versus Harendra Nath Tiwari reported in 2015 (1) PLJR 606.