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Patna High CourtCWJC/14166/2019dismissed

Chandeshwar Singh @ Chandeshwar Paswan v. The State Of Bihar

2019-07-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14166 of 2019 ====================================================== Chandeshwar Singh @ Chandeshwar Paswan S/o Late Etwari Paswan Resident of Village Paharpur,Vishanpur,P.S. Mahnar,Dist.Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary,Revenue Department,Govt. of Bihar,Patna 2.

The Principal Secretary, Revenue Department,Govt. of Bihar,Patna 3.

The District Magistrate, Vaishali,Dist.Vaishali 4.

The Land Reform Deputy Collector, Hajipur,Dist.Vaishali 5.

The Anchaladhikari, Mahnar,Dist.Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Subash Chandra Yadav (GP-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the parties.

2. A recommendation made by the Circle Officer in his order dated 18.01.2019 (Annexure-12), for cancellation of Jamabandi standing in the petitioner's name has been put to challenge in the present writ application. The Circle Officer has simply, recommended cancellation of Jamabandi and has sent the connected records to the Deputy Collector Land Reforms, Mahnar.

3. This is to be noted that under Section 9 of the Bihar Land Mutation Act, 2011, the power of cancellation of Jamabandi vests in Additional Collector. A bare

Patna High Court CWJC No.14166 of 2019(3) dt.22-07-2019 2/2 recommendation of the Circle Officer cannot be the subject matter of challenge before this Court in a proceeding under Article 226 of the Constitution of India as the power of cancellation of Jamabandi is to be exercised by the Additional Collector after giving the person to be affected an opportunity of hearing.

3. In my view, this application is premature and is, accordingly, dismissed.

4. It is, however, observed that the petitioner shall be at liberty to raise all the points which have been raised in the present application, if any proceeding is initiated against cancellation of Jamabandi.

5. It is made clear that I have not gone into the merits of the claim of the petitioner.

(Chakradhari Sharan Singh, J) arun/- U