CHANDRA SHEKHAR BANERJEE Vs. STATE OF BIHAR
LAWS(JHAR)-2002-9-23
HIGH COURT OF JHARKHAND
Decided on September 13,2002

Chandra Shekhar Banerjee Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) In all these cases the Petitioners have prayed for quashing of the order by which Jamabandi of the Petitioners have been cancelled by a Revenue Authority, namely, Respondent No. 2 (Circle Officer/Anchal Adhikari). Heard Mr. N.N. Tiwary, learned Sr. Advocate for the petitioners, Mr. R.S. Majumdar, G.A. and Mrs. Indrani Sen Choudhary, learned SC -III for the State and Mr. S. Choudhary learned counsel for the Respondent No.3.
(2.) IT is a well known concept of law that a Revenue Authority has no jurisdiction to decide the question of title. Any such decision can only be taken by a Court of competent civil jurisdiction and therefore, cancellation of the Jamabandi by such Revenue Authority and setting at naught the right, title and interest at their instance, is therefore without jurisdiction. In that view of the matter the impugned orders are set aside. The parties, if so advised, may get their rights perfected through a Court of competent civil jurisdiction.;


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