CiteTEXT
...Section 9 of Bihar Land Mutation Act, 2011 and, thereafter, only if such Jamabandi is cancelled, then a ...though there appears to be encroachment on the concerned land but at the same time Jamabandi has been created in favour of the concerned persons and unless that Jamabandi is recalled or quashed or...set aside it would not be possible to pass an order of removal of encroachment, therefore, a proposal has been directed to be sent to the competent authority for cancelling the Jamabandi under...
.... Learned counsel on behalf of the State
4/5
submitted that respondent authority has acted in the light of Section 9 of ....
5. From perusal of record, it has been transpired that only notice has been issued under Section 9 of Bihar Land Mutation Act, 2011 for cancellat...
Versus
1. The State of Bihar through the Collector, Supaul
2. The Collector, Supaul.
3. The Additional Collector, Supaul...
...(Maintenance of Records) Act, 1973, no power is vested under D.C.L.R. to cancel the Jamabandi standing in the name of a person. Section 9 of Bihar Land Mutation ...jurisdiction to cancel the Jamabandi standing in the name of the petitioner. Under Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973, the Collector has got power e...enactment of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973, keeping of records and substitution of names of any person by way of transfer, inheritance, gift was d...
...set aside.
5. Counsel for the State has raised objection that the present order has been passed by the competent quasi judicial authority under Section 9 of the Bihar Land...Collector Land Reforms. Counsel submits that the order passed by the Additional Collector is well-within his power under Section 9 of the Bihar Land Mutation Act, 2011...Appeal under Section 9(6)(A) of the Bihar Land Mutation Act, 2011.
7. Counsel for the private respondent submits that the petitioner has filed this writ ...
...dated 28.06.2022 passed by the Additional Collector, Darbhanga in Jamabandi Cancellation Case No. 84 of 2021-22 by which, in exercise of the power under Section 9 of the Bihar Land ...
land bearing Thana No. 501, Khata No. 27, Plot No. 218, having an area of 9 katha, situated at Mauza- Behat, District- Darbhanga. It is submitted that the Additional Collector, Darbhanga (...behalf of the petitioner has relied upon judgment of a Division Bench of this High Court passed in the case of The State of Bihar through the Collector, Siwan & Ors...
...Cancellation Case No. 79 of 2021-22 by which, in exercise of the power under Section 9 of the Bihar Land Mutation Act, 2011, he has cancelled the long standing Jamabandi...No. 3), exercising jurisdiction under Section 9 of the Bihar Land Mutation Act, 2011, read with Bihar Land Mutation Rules, 2012, has failed to appreciate that t...petitioner has relied upon judgment of a Division Bench of this High Court passed in the case of The State of Bihar through the Collector, Siwan & Ors. versus Harendra Nath ...
...adjudicate the Jamabandi cancellation Appeal No. 24 of 2019 in view of section 9(6) of the Bihar Land Mutation Act, 2011, r/w Rule 14 of the Bihar ...jamabandi in favour of the petitioner by the Additional Collector, Saran for which he has filed Jamabandi Cancellation Appeal No. 24 of 2019 under Section 9(6) of the Bihar ...read with Rule 14 of the Bihar Land Mutation Rules, 2012, (hereinafter referred to as the ‘Rules’) which is still pending.4. Learned counsel for the petitioner...
..., learned counsel for the State submits that the petitioner is having an alternative remedy by way of filing an appeal under Section 9(6)(a) of Bihar Land Mutation Act, 2011 befo....
4. Considering the fact that the petitioner is having an alternative remedy, the petitioner is direction to file an appeal Section 9(6)(a) of Bihar Land Mutation Act.... ... ... Petitioner/s
Versus
1. The State Of Bihar through the Collector, West Champaran at Bettiah.
2. The Additional Collector, West Champaran at Bettiah...
...) could have been assailed before the Collector of the concerned district under Section 9(6)(a) of the Bihar Land Mutation Act, 2011. Thus, petitioners have an alternative remedy...before the Collector of the concerned district under Section 9(6)
(a) of the Bihar Land Mutation Act, 2011.
4. ...that the petitioners have an alternative remedy, the petitioners are directed to file appeal along with the copy of this order before the concerned Collector as per the provisions of Section 9(6)(a) of the...
...Additional Collector who has requisite jurisdiction in terms of section 9 of the Bihar Land Mutation ...petitioners filed mutation appeal vide Mutation Case No. 02 of 2014. The respondent Deputy Collector, Land Reforms, after hearing the parties by a reasoned order, disposed of the appeal directing the...with the order dated 28.10.2014 passed by the Circle Officer (Annexure-9) granting liberty to the petitioners to contest the matter before the Additional Collector, Land Reforms where the case is pending consideration....
...accepted.
2. The present petition has been filed for quashing of the notice dated 21.10.2021 issued under Section 9 of The Bihar Land Mutation Act...settlement of 1943. He further submits that under Section 9 of The Bihar Land Mutation Act, 2011 (Act 23 of 2011), the Additional Collector is empowered to init....
5. In the present facts and circumstances, this Court is of the view that under Section 9 of The Bihar Land Mutation Act, 2011 (Act 23 ...
...application before the Bihar Land Tribunal under Section 9 of the Bihar Land Mutation Act, 2011.
4. Considering the fact that the petition..., the petitioner is directed to file application along with the copy of this order before the Bihar Land Tribunal as per the provisions of Section 9 of the Bihar Land ....
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar.
...
...Section 9 of the Bihar Land Mutation Act, 2011, then a proceeding has to be started. If such a proceedin...the order dated 21.07.2015 passed in Mutation Appeal Case No. 38 of 2014 by the respondent D.C.L.R, Rajgir (Nalanda), as contained in Annexure-1, whereby the aforesaid mutation appeal filed on behalf of...one Soni Kumari, who has not been impleaded as party in the present proceeding, has been dismissed. While dismissing the aforesaid mutation appeal, the respondent D.C.L.R has made an observation that...
...impugned has been passed by the Additional Collector under Section 9(1) of the Bihar Land Mutation Act, 2011 (hereinafter referred to as the ‘Act’). The Act itself provi...the Collector of the District under Section 9(6) of the Act.4. In view thereof, the application stands disposed off with liberty to the petitioner to move before the Appellate Authority.../2017, whereby the Jamabandi No. 64 related to land pertaining to Khata No. 47, 241, P.S. No. 397, total area, 5 acre 18 decimal situated in Village: Janaro, existed in the name of the petitioner has...
...take note of the facts asserted in the writ application and the pleadings made in the counter affidavits filed on behalf of the Nagar Parishad and the State of Bihar, I must record, at this stage, that the petition...Section 9 of the Bihar Land Mutation Act, 2011, cancelling the jamabandi existing in the name ...second part of the impugned order passed by the appellate authority in exercise of power under Section 9 of the Bihar...
...Bihar Page: 254Land Mutation Rules, 2012, read with Section 9(1) of Bihar Land Mutation Act, 2011. By the order, which is under appeal, the learned Single Judge...Chakradhari Sharan Singh, J.:— The appellant was the writ petitioner in C.W.J.C No. 15693 of 2014 (Yugal Singh v. State of Bihar) and has preferred the present appeal...was mentioned in the said notice that the Court of Additional Collector had received records from the Sub-Divisional Officer, Begusarai, regarding cancellation of Jamabandi with respect to the land...
...provision of section 9(6)(a) of the Bihar Land Mutation Act, 2011. The appeal is said to have been filed on or about 17.12.2012 A copy of the ...Kumar Singh and his nephew wrongly got the mutation done in respect of this land in their names being heirs of late Umesh Kumar Singh. This was challenged by the petitioner before the D.C.L.R, who...Singh, who died soon after the purchase of land was made. Thereafter, there was, in the life time of father, a partition in the family, wherein allegedly this land was allotted to the share of the...
...submits that under Section 9(1) of the Bihar Land Mutation Act, 2011, the appropriate authority is the Additional Collector who has been empowered to cancel Jamabandi after following the ....
4. Learned counsel for the State does not contradict the aforesaid submissions of the learned counsel for the petitioners. He also submits that under Section 9(1) of the ...State of Bihar through the Collector, Aurangabad.
2. The Sub - Divisional Officer, Daudnagar, District Aurangabad
3. The Circle Officer, Daudnagar, District...
...outset itself, learned counsel for the respondents raises a preliminary objection on the grounds of availability of alternative remedy by way of appeal against the impugned order provided under Section 9(6...; further directs to respondent to restore the original jamabandi showing both the plot no. 9 for an area of 10 decimal and plot no 10 for an area of 11 decimal are part and parcel of original jamabandi no...has been filed “for quashing of the order dated 02.09.2019 passed in Jamabandi Cancellation Case No. 64/2019-2020 passed by Additional Collector, Bhagalpur whereby and whereunder respondent no. 3...
...cancellation Case No. 6 of 2012-13 have not been impleaded as party respondents in the present writ petition and; secondly, the impugned order is appealable under the provisions of Section 9(6)(a) of the ...at liberty to file an appropriate appeal before the prescribed appellate authority in terms of Section 9(6)(a) of the Act, 2011, after impleading all the necessary parties including the persons, who were p..., the impugned order is appealable under the provisions of the Act, 2011. It is also true that the persons who were parties in the aforesaid jamabandi cancellation case have not been impleaded as party...