Long-standing Jamabandi cannot be cancelled in summary proceedings; State must seek declaration of title before Civil Court.

The petitioners claimed ownership of approximately 8 acres of land under Khata No. 754, Khesra Nos. 7514 & 7680 in Saharsa, asserting that the Jamabandi (No. 311) was created in 1978 and they have remained in possession for three generations

In 2019, the Additional Collector directed the Circle Officer to provide land for constructing an old age home and a godown

Consequently, the Circle Officer recommended the cancellation of the petitioners’ Jamabandi on the grounds that the land was "Gair Mazrua Khas" and that the Jamabandi was created illegally

This led to the initiation of Jamabandi Cancellation Case No. 72/21-22 under Section 9 of the Bihar Land Mutation Act, 2011

The petitioners challenged this proceeding and the state's attempt to commence construction during its pendency

1. Whether a long-standing Jamabandi can be cancelled by revenue authorities through summary proceedings

2. Whether the State of Bihar has the authority to evict a settled occupant or cancel Jamabandi without approaching a Civil Court

Section 9 of the Bihar Land Mutation Act, 2011, and the Bihar Mutation Rules, 2012, which govern the cancellation of Jamabandi

The principles established in Maya Devi & Ors. v. The State of Bihar & Ors. (2014) and State of Bihar v. Harendra Nath Tiwary (2015) that long-standing Jamabandi (Records of Rights) cannot be cancelled in summary proceedings; rather, the State must file a title suit in a Civil Court to dispute ownership

The Court observed that the Jamabandi in favor of the petitioners was created in 1978 and had continued undisturbed for decades, with the petitioners paying rent for the same

The Court reasoned that revenue authorities cannot exercise summary powers to overturn long-standing settlements

The Court noted that even if the State believes a Jamabandi was created illegally or that the land is "Gair Mazrua Khas," the proper legal recourse is to obtain a declaration of title from a Civil Court

The Court highlighted that the State cannot forcefully evict persons who have been residing on/occupying land for decades without paying due compensation under Land Acquisition laws or through a judicial decree

Since the impugned proceeding (Case No. 72/21-22) sought to cancel a 44-year-old Jamabandi through administrative fiat, it was deemed legally unsustainable

The Writ Petition was allowed, and the entire proceeding of Jamabandi Cancellation Case No. 72/21-22 was quashed. The Court directed that Jamabandi No. 311 be restored to the petitioners, granting the State liberty to pursue the matter before an appropriate forum (Civil Court) if they chose to dispute the title