ANURAG KUMAR @ BADRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP-20.

(2.) The learned counsel for the petitioner submits that the land in dispute in present case pertains to Thana No.08, Khata No.99, Khesra No.413, area 2.95 acres and Khesra No.239, area 2.87 acres at Mauza Mohanpur, District Lakhisarai. It is next submitted that the aforesaid land in the cadestral survey khatiyan was recorded in the name of Khakhru Singh and Jasmat Singh, who were own brothers in equal share. It is further submitted that petitioner is descendant from the lineage of Jasmat Singh. It is next submitted that after vesting of Zamindari, the name of the ancestors of the petitioner was also recorded in the record of right register-II on the basis of returns submitted by ex-intermediaries and Jamabandi No.209 was created in favour of the ancestors of the petitioner about 70 years back and rent receipt was issued, it is further submitted that petitioner continued paying rent of the land continuously up to 2022 and LPC was also issued in his favour by the Circle Officer, Piparia, District-Lakhisarai. The learned counsel next submits that petitioner was in peaceful possession of his land when all of a sudden some government officials descended on his land and on enquiry it came to his notice that the C.O., Piparia vide his letter no.123 dtd. 9/4/2018, addressed to the D.E.O., Lakhisarai recommended for construction of a government school over the land pertaining to Thana No.08, Khata No.99, Khesra No.413, Area 2.99 acres on the ground that the land in the khatiyan is recorded as Gairmajarua Aam, Kism parti kadam. It is next submitted that thereafter in the year 2020, the Circle Officer recommended before the Additional Collector, Lakhisarai for cancelling the jamabandi standing in the name of the ancestors of the petitioner, based on which, Jamabandi Cancellation Case No.16/2020 came to be instituted and notices were issued upon the petitioner. The learned counsel submits that thereafter the petitioner appeared before the Additional Collector and made his submissions and also submitted his written argument dtd. 15/1/2022 as would manifest from Annexure-P/5 to the writ application but then the Additional Collector without appreciating the facts of the case in its correct perspective cancelled the long standing Jamabandi No.209 standing in the name of the ancestors of the petitioner in a summary proceeding by his order dtd. 27/6/2022 (Annexure-6). It is submitted that this Court in catena of decision had held that long standing jamabandi cannot be cancelled in a summary proceeding and if the State is aggrieved by the jamabandi in that event the State can move before a Court of competent civil jurisdiction for getting the long standing jamabandi cancelled.

(3.) The learned counsel for the petitioner next submits that petitioner against the order dtd. 27/6/2022 in Jamabandi Cancellation Case No.16/2020 filed Appeal No.18/2022 in the Court of District Magistrate-cum-Collector, Lakhisarai on 2/9/2022, which is still pending adjudication.