Long-Running Jamabandi Can't Be Cancelled By Revenue Authorities; Remedy Lies Before Civil Court: Jharkhand High Court

The Jharkhand High Court has held that a long-running jamabandi cannot be cancelled by revenue authorities in the absence of statutory power and can only be set aside by a competent civil court. The Court observed that once a jamabandi is running in favour of a raiyat, revenue authorities are duty-bound to accept rent and issue rent receipts unless it is cancelled by a court of competent jurisdiction.A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar dismissed a letters patent appeal challenging the dismissal of a writ petition relating to issuance of rent receipts in respect of land situated at Village Kabilasi, District Hazaribagh.The appellants claimed that a portion of land measuring 24.79 acres had been settled in favour of their ancestors several decades ago and that they had remained in peaceful possession ever since. According to them, the land had also been mutated in their ancestors' names and rent receipts had been issued by the competent authorities. They contended that in 2015, the original respondent approached the Board of Revenue claiming ownership over the land. Pursuant to directions issued by the Board of Revenue, the Circle Officer initiated proceedings and directed issuance of rent receipts in favour of the respondent. The appellants alleged that the order was passed without notice to them and in violation of the principles of natural justice. They further claimed that the respondent had relied upon forged documents and that the learned Single Judge failed to appreciate their long-standing possession and mutation over the land.The Court, however, found that the factual premise of the appellants' challenge was incorrect. It noted that the jamabandi in favour of the original respondent had not been created pursuant to the Board of Revenue's directions in 2015. Rather, it had already been opened in his favour in 1965 through Misc. Case Nos. 17 of 1964-65 and 18 of 1964-65, and rent receipts had been issued in his favour from the revenue years 1964-65 to 1976-77.The Court observed that the Board of Revenue had merely directed the authorities to issue rent receipts because the jamabandi was already running in the respondent's name. Referring to the settled legal position, the Bench held:“There is no provision under the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 to cancel Jamabandi running in favour of a raiyat and in absence of any provision, such Jamabandi cannot be cancelled by any authority of the State. If such action is taken by the revenue authorities in absence of any provision in the statute, the same will be nullity in the eye of law being without jurisdiction. It is well settled that a long running Jamabandi cannot be cancelled, except by filing a suit in the competent Court of civil jurisdiction.”The Court further rejected the contention that the appellants were entitled to a hearing before issuance of rent receipts. It held that no opportunity of hearing is required to be granted to a third party before issuing rent receipts in favour of a person in whose name the jamabandi is already running.Finding no infirmity in the judgment of the Single Judge, the Division Bench dismissed the appeal while leaving it open to the appellants to pursue any other remedy available in law.Case Title: Kishori Sah and Ors. v. State of Jharkhand and Ors.Case Number: L.P.A. (Filing) No. 3006 of 2026.Appearance: Senior Advocate Mr. Ajit Kumar, assisted by Mr. Ranjan Kumar, appeared for the Appellants. Mrs. Neeharika Mazumdar and Mr. A.K. Sahani appeared for the Respondents.Click Here To Read/Download Order

Long-Running Jamabandi Can't Be Cancelled By Revenue Authorities; Remedy Lies Before Civil Court: Jharkhand High Court

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Long-Running Jamabandi Can't Be Cancelled By Revenue Authorities; Remedy Lies Before Civil Court: Jharkhand High Court

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