MD SAGIR @ SAGIR MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner and the learned AC to AAG XI appearing on behalf of the respondent no.1 to 3. However, none appears on behalf of the respondent nos. 4 and 5 despite issuance of notice to them by order dated 18.02.2014.

(2.) The petitioner is aggrieved by order dated 25.01.2012 passed in Jamabandi Cancellation Case No. 05 of 2011-2012 by the respondent DCLR, Kisahanganj, as contained in Annexure-5 to the writ petition, whereby on the recommendation made by the Circle Officer, Terhagachh, Distt.- Kishanganj, Jamabandi No. 1794 standing in the name of the petitioner with respect to the lands in question, fully detailed in paragraph 5 of the writ petition, has been cancelled.

(3.) The learned counsel appearing on behalf of the petitioner, while assailing the validity and correctness of the impugned order dated 25.01.2012 (Annexure-5), has raised the question of lack of jurisdiction/power vested in respondent DCLR for cancellation of Jamabandi. According to him, under the provisions of The Bihar Land Mutation Act, 2011 (in short, "the Act, 2011"), the power of cancellation of Jamabandi is vested in the Additional Collector of the district, and no Officer, below the rank of Additional Collector, including the DCLR has been vested with such power of cancellation of jamabandi. Therefore, it is pleaded that, apart from the merits of the claims of the petitioner with respect to lands in question, the impugned order dated 25.01.2012 (Annexure-5) is fit to be quashed and set aside on the ground of being wholly without jurisdiction, as the same has been passed by an Officer i.e. the DCLR, Kisahanganj, who is/was not authorized under the law to pass such an order.