Byash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8132 of 2022 ====================================================== Byash Pandey Son of Raghunandan Pandey, Resident of Banthu Sriram, P.S. Andar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Bihar.

2.

The District Magistrate, Siwan.

3.

The Additional District Magistrate, Siwan.

4.

The DCLR, Siwan.

5.

The Circle Officer, Ziradei, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ram Pravesh Nath Tiwari, Advocate For the Respondents :

Mr.Raj Kishore Roy (GP 18) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-09-2022 Heard the parties.

The order dated 19.01.2021 was passed by the Additional Collector, Siwan in Jamabandi Cancellation Case No. 93 of 2019-20 by which Jamabandi created in favour of the petitioner with regard to Mauza Banthushriram Thana No. 221, Khata No. 136, Survey No. 187 has been cancelled. It has been submitted by learned counsel for the petitioner that longstanding Jamabandi in the name of a citizen cannot be cancelled in Jamabandi Cancellation Case No. No. 93 of 2019-20 but the State has to file a Title Suit for cancellation of Jamabandi. In this regard, learned counsel for the petitioner has relied upon the judgment of Division Bench of this Court in

Patna High Court CWJC No.8132 of 2022(2) dt.06-09-2022 2/2 the case of State of Bihar through the Collector Vs. Harendra Nath Tiwary reported in 2015 (1) PLJR 606.

From paragraph 11 of the writ petition it is clear that no notice was issued to the petitioner. Hence, this vitiates the entire proceeding.

If there is violation of the principles of natural justice in the original proceeding why the Court will wait for decision of the appeal.

In view of the aforesaid submission of learned counsel for the petitioner it is held that if and when the State wants to cancel longstanding Jamabandi in the name of the petitioner, State will have to file a Title Suit in the Civil Court and Jamabandi of the petitioner cannot be cancelled by the Additional Collector by starting Jamabandi Cancellation Case. Considering the above, the order dated 19.01.2021 was passed by the Additional Collector, Siwan in Jamabandi Cancellation Case No. 93 of 2019-20 is quashed. With the aforesaid observations and directions, this writ petition is allowed with cost.

(Sandeep Kumar, J) BT/- U