RINA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing the initiation of jamabandi cancellation proceeding which was registered as Jamabandi Cancellation Case No. 25/2021-22 and further to quash the notice dtd. 13/7/2021 issued to the petitioner by the respondent no. 2 as the notice itself is beyond jurisdiction since the notice does not disclose the reason which is the mandatory requirement, as contemplated under Sec. 9 of the Bihar Land Mutaion Act, 2011 (hereinafter referred to as the 'Act, 2011') and also to grant any other relief/reliefs to which the petitioner is found entitled to including the cost of this proceeding.

(2.) The case of the petitioner, in short, is that the land appertaining to Khata no. 616, Survey Plot no. 314 (in part) area ad-measuring 10 dhur which is equivalent to 1.5625 decimal of land situated at Mauza - Manpur Bairiya, Thana Code no. 174, Tauzi no. - 360 has been purchased by the petitioner through absolute sale-deed dtd. 11/3/2015 from Ranjan Kumar and Chandan Kumar both sons of Sri Surendra Prasad Sinha. After the purchase of aforesaid land through the registered sale-deed, the petitioner applied for mutation before the respondent no. 3 which was registered as, Mutation Case No. 2338/04 / 2014-15 and after verification the name of the petitioner is mutated and jamabandi has been created in favour of the petitioner. But all of a sudden, the petitioner received a one page notice i.e. Annexure - 1 from the court of Additional Collector (respondent no. 2) that jamabandi cancellation proceeding has been initiated against her (petitioner) and petitioner has to appear on 2/9/2021 and to contest the matter otherwise ex-parte order will be passed.

(3.) Learned counsel for the petitioner submits that the notice itself is beyond jurisdiction, since the notice does not disclose the mandatory requirement, as contemplated under sec. 9 of the Bihar Land Mutation Act, 2011 for initiation of an action for cancellation of jamabandi. The notice is completely vague, cryptic and does not disclose any application of mind. No ground has been mentioned on which the initiation of cancellation of jamabandi proceeding has been initiated and as such, notice is required to be quashed.