Patna High Court Criticises Bihar Government for Cancelling Longstanding Land Records Through Summary Proceedings

The Patna High Court has strongly criticised the Bihar Government for attempting to cancel longstanding land records through summary proceedings, describing the action as “autocratical” and beyond the jurisdiction of revenue authorities.

Justice Sourendra Pandey was hearing a petition filed by Krishna Kumar Goenka, whose rent receipts had suddenly been stopped despite being regularly issued for nearly six decades. The petitioner argued that the land was covered by a longstanding jamabandi and that the High Court had previously ruled in favour of his brothers in a similar dispute involving the same property.

According to the petitioner, instead of approaching a civil court as directed in earlier judgments, the authorities adopted a different route by stopping rent receipts and initiating proceedings for cancellation of the jamabandi during the pendency of the writ petition.

The Court observed that settled law clearly provides that longstanding jamabandis cannot be cancelled through summary proceedings. It noted that the State had ignored previous judicial pronouncements and attempted to bypass court directions.

Holding that the authorities had exceeded their powers, the Court declared the cancellation proceedings illegal and directed the Circle Officer, Khaira, Jamui, to immediately resume issuing rent receipts to the petitioner.

The Court further warned that if the State wished to challenge the petitioner’s rights, its only remedy was to institute a civil suit before a competent court. Any action taken outside that legal process, the Court said, would be treated as contemptuous conduct.