RICHESH ANAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two cases have been heard together and are being disposed of by the present common judgment and order, since they involve similar issues and disputes of similar nature.

(2.) These writ application have been filed, challenging the initiation of jamabandi cancellation proceeding with registration of Jamabandi Cancellation Case No. 221/2016-17 and issuance of notice to these petitioners, on the ground 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 short 'the Act') for initiation of an action for cancellation of Jamabandi.

(3.) Sec. 9 of the Act contemplates that the Additional Collector, either suo motu or on an application, shall have the 'power to make inquiries in respect of any Jamabandi, which has been created in violation of any law for the time being in force or in contravention of any executive instruction issued in this behalf'. Sub-sec. (1) further requires that the Additional Collector, in whose jurisdiction the land is situated, may, after giving reasonable opportunity to the parties concerned to appeal, adduce evidence and be heard, cancel such Jamabandi, dispossess the person claiming under it and deliver the possession to the legitimate owner/custodian, on such terms as may appear to the Additional Collector to be fair and equitable.