ABDUL GAFFAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 26.08.2019 passed in Misc. Case No.150 of 2015-16 is under challenge by which the prayer made for cancellation of jamabandi made in favour of the respondent Nos.4&5 has been rejected holding therein that it is beyond the jurisdiction of the authority.

(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the land under Plot No.2343 pertaining to Khata No.305 measuring a total area of 20 decimals has been recorded in the rent register i.e., Register-II in the name of the respondent nos.4&5 against which a petition has been filed by the petitioner before the Additional Collector, Palamau which has been dismissed vide order dated 26.08.2019. The land is recorded in the name of Dargha Kabristan so far as Plot No.2343 is concerned while Plot No.2346 is recorded as Masjid but the private respondents have got the mutation recorded in their name which led the petitioner to make an application before the Additional Collector for cancellation of the mutation created in their favour but the same having been rejected, the present writ petition has been filed.

(3.) Mr. Sanjeev Thakur, learned counsel for the State of Jharkhand has submitted that the Additional Collector, Palamau has passed an order who has no jurisdiction to entertain such application and further the petitioner should not have approached to the Court of Additional Collector, Palamau for redressal of the grievance regarding creation of mutation in favour of the respondent Nos.4&5 since the Additional Collector under the provision of Bihar Tenant's Holding (Maintenance of Record) Act, 1973 (hereinafter referred to as the Act, 1973) has not been conferred with the power either of the original authority or the appellate authority or the revisional authority. In view of such legal position, submission has been made that the order passed by the Additional Collector, Palamau dated 26.08.2019 may be held to be nullity since the same is without any authority of law.