The Patna High Court quashed Bihar government proceedings cancelling old land records in Katihar and ordered restoration of disputed jamabandis. Justice Sourendra Pandey held that property rights cannot be taken away through summary action without due process and hearing affected parties.
The Patna High Court has set aside the Bihar government’s proceedings that had cancelled long-standing land records in Katihar district, and it ordered the restoration of the disputed jamabandis. The Court held that the State cannot extinguish property rights in a summary manner without due process.
Justice Sourendra Pandey granted a writ petition filed by Sunita Rani Sah, widow of late Raghunath Sah, after finding that the authorities had cancelled records maintained in the family’s name for decades without giving them an opportunity to be heard.
The dispute related to 78 decimals of land in Katihar district. According to the petitioner, her husband’s parents had purchased the land in 1967 through registered sale deeds, got mutation entered in their favour, and continued to pay government rent. After their deaths, the property devolved upon Raghunath Sah, who remained in possession.
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The controversy began when the family was informed that the jamabandis had been cancelled and that government construction work was being carried out on the land. The petitioner contended before the High Court that the cancellation process was carried out behind the family’s back, without any notice or hearing, despite the records having been in place for over five decades. She argued that rights had accrued over the years and could not be undone through a unilateral administrative exercise.
The State, however, defended the action by claiming that the original settlee could not transfer the land and that later transactions violated government rules relating to settled land. Officials also asserted that the cancellation was warranted because the land ultimately belonged to the State.
After examining the record, the Court identified multiple shortcomings in the government’s approach. It noted that the order passed by the authorities spoke only about cancelling earlier jamabandis and did not specifically deal with the jamabandis standing in the names of the petitioner’s predecessors. Despite this, those jamabandis were subsequently treated as cancelled and the entries were made in the Bihar government’s name.
The Court also observed that the family had been paying rent and receiving recognition of its rights for decades, until the records were abruptly cancelled. Further, it found that the Circle Officer had cancelled jamabandis that were not even covered by the recommendation for cancellation.
Emphasising the legal position, the Court reiterated that longstanding jamabandis cannot be cancelled through summary proceedings. It clarified that even if the State disputes a person’s title, it must establish its claim before a civil court through proper legal proceedings rather than unilaterally cancelling land records. Relying on earlier decisions, including Maya Devi v. State of Bihar and State of Bihar v. Harendra Nath Tiwary, the Court held that the government cannot evict citizens or deprive them of property rights by cancelling jamabandis without notice and adjudication.
Accordingly, the Court quashed the entire proceedings in Miscellaneous Case No. 14 of 2017-18 and directed restoration of Jamabandi Nos. 2858 and 2859. At the same time, it clarified that the State would remain free to pursue its claim before an appropriate legal forum, if it chose to challenge the family’s title.
Case Title: Raghunath Sah v. The State of Bihar
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