Bihar: Patna. Additional Collector (ADM) will no longer be able to give orders for eviction and possession of land in the state. Giving an important decision on Wednesday, Patna High Court has abolished Section 9(1) of the Bihar Land Registration Dismissal Act, 2011 related to it. Also, while hearing the petition filed by the petitioner, the court has declared this law unconstitutional. The division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar gave this order while hearing the petition of Ram Avtar Lakhotia.
Jamabandi is not the title letter of the land.
Petitioner’s advocate Gautam Kejriwal argued before the division bench that only the civil court has the authority to decide complex issues of possession of immovable property. No one else can give decision in this regard. The order for eviction or possession of land is available only to the Civil Court. He told the court that in Jamabandi, the occupant is evicted from the land, whereas it is a common thing that the ownership is not determined or decided by the mutation.
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Cancellation of Jamabandi does not mean loss of ownership of land.
It is worth noting that under Section 9(1) of the Bihar Land Registration and Dismissal Act, 2011, the Additional Collector had the right to decide on the possession of land. Under this, the Additional Collector was given the power to evict that person after the cancellation of the jamabandi. Along with this, this law gave the Additional Collector the power to get possession of the land from the legal owner or custodian of the land whose Jamabandi was cancelled.