Patna High Court Restores Decades-Old Land Records, Says Jamabandi Cannot Be Cancelled Without Due Process

The Patna High Court has restored long-standing land records in Katihar district, holding that the State cannot cancel a person's jamabandi through summary proceedings without issuing notice or providing an opportunity of hearing. The Court emphasised that property rights recognised for decades cannot be taken away by administrative action alone.

Justice Sourendra Pandey allowed a writ petition filed by Sunita Rani Sah after finding that the authorities had cancelled Jamabandi Nos. 2858 and 2859, which had existed for nearly four decades, without following due process. The petitioner's family had purchased the land through registered sale deeds in 1967, obtained mutation, and continued paying rent before the records were abruptly cancelled.

The State argued that the original allottee of the government-settled land was prohibited from transferring it and that subsequent transactions were invalid. However, the Court observed that the cancellation order referred only to earlier jamabandis and did not authorise cancellation of the petitioner's land records. It also noted that the Circle Officer exceeded the scope of the recommendation while cancelling the entries.

Reaffirming settled legal principles, the Court held that if the government disputes ownership over land, it must establish its claim before a competent civil court rather than cancelling jamabandis in summary proceedings. Relying on earlier precedents, the Court ruled that long-standing land records cannot be disturbed without notice, hearing and proper adjudication.

The High Court quashed the entire cancellation proceedings, directed restoration of the petitioner's jamabandis, and clarified that the State remains free to pursue its title claim before the appropriate legal forum in accordance with law.