Ranchi, July 17: In a significant ruling clarifying the powers of revenue authorities in land matters, the Jharkhand High Court has held that revenue officials have no authority to cancel a long-standing mutation (Jamabandi), observing that such action can be taken only by a competent civil court.
The judgment was delivered by a Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar while hearing a dispute over 24.79 acres of land in Kabilasi village under the Daru area of Hazaribagh district.
The Court ruled that where a Jamabandi is already in existence, revenue authorities are legally bound to continue accepting land revenue and issuing rent receipts in favour of the recorded holder.
“Revenue officials cannot cancel a mutation registered in an individual’s name many years ago,” the High Court observed, adding that “such a mutation can only be cancelled by an order of a competent civil court.”
The dispute arose after the appellants claimed that their ancestors had been in possession of the land for nearly 90 years and alleged that rent receipts were issued in favour of the opposite party in 2015 without giving them an opportunity to be heard.
However, the respondents informed the Court that the Jamabandi had existed in their favour since 1964–65, and land revenue receipts had been issued continuously on that basis. After examining the records, the Bench found that no new Jamabandi had been created in 2015, and the authorities had merely issued rent receipts based on the existing revenue records.
The Court held that the appellants’ contention regarding the opening of a fresh Jamabandi in 2015 was factually incorrect.
Reaffirming earlier judicial precedents, the Bench observed that the Bihar Tenants’ Holdings (Maintenance of Records) Act, 1973, does not empower revenue officials to cancel mutations.
“If the Jamabandi is in existence, it is the responsibility of the revenue authorities to accept rent and issue rent receipts,” the Court said.
It further clarified that “any person objecting to an existing mutation must seek relief before a competent civil court,” and not through mutation or revenue proceedings.
The High Court also ruled that a third party need not be given an opportunity of hearing before issuing rent receipts to the person in whose name the Jamabandi already stands recorded.
“It is not necessary to provide a third party an opportunity of hearing before issuing rent receipts to the person in whose name the Jamabandi already exists,” the Bench observed.
Emphasising the distinction between revenue administration and adjudication of ownership rights, the Court concluded that “disputes over title or ownership of land must be adjudicated by a civil court and not in mutation or revenue proceedings.”
The ruling is expected to have significant implications for land administration in Jharkhand by reaffirming the limited jurisdiction of revenue authorities in mutation-related matters while directing parties to seek resolution of title disputes through civil courts.
