Patna: The Patna High Court has ruled that Bihar’s revenue authorities cannot abruptly stop issuing rent receipts or cancel a landholder’s Jamabandi through administrative action without following the prescribed legal process.
In a judgment that could have wider implications for land administration in the state, the court directed the Bihar government to immediately resume issuing rent receipts to the petitioner and observed that such actions cannot be taken without the intervention of a competent court.
Court Quashes Administrative Action
The order was passed by a single-judge bench of Justice Saurendra Pandey while hearing a writ petition filed by Krishna Kumar Goenka, a resident of Jamui.
The petitioner challenged the decision of revenue authorities to stop issuing rent receipts and initiate proceedings to cancel his Jamabandi despite rent receipts having been issued in his favour for nearly six decades.
The High Court questioned the basis on which the authorities discontinued the rent receipts and initiated cancellation proceedings without obtaining an order from a competent court.
Proceedings During Pendency Of Case Criticised
The court also took note of the fact that, while the matter was pending before the High Court, the concerned Circle Officer recommended cancellation of the Jamabandi.
Based on that recommendation, the Additional Collector initiated proceedings to cancel the land record.
Justice Pandey described the move as an improper interference with the judicial process and held that executive authorities should not take actions that could affect matters already under judicial consideration.
The court subsequently quashed the administrative proceedings initiated for cancellation of the Jamabandi.
Due Process Must Be Followed
The High Court observed that objections to a person’s Jamabandi or land records cannot be resolved solely through administrative orders.
Instead, if the state government disputes the validity of a Jamabandi, it must challenge the land records by filing an appropriate suit before a competent civil court in accordance with the law.
The court held that withholding rent receipts without following this legal procedure was unlawful.
Wider Implications For Landowners
The judgment is expected to have broader implications for land administration in Bihar, where disputes relating to Jamabandi entries and the issuance of rent receipts frequently arise.
By reaffirming that revenue officials must follow due legal process before taking action against land records, the ruling provides greater clarity on the limits of administrative authority in land-related matters and reinforces judicial oversight over such disputes.
