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Judgment
Gautam Kumar Choudhary, J
Instant writ petition has been filed for quashing the order in Misc. Appeal No.87 of 2023-24 whereby the order passed in in Misc. Case No.07 of 2021-22 which has been upheld, by which the application for cancelling the Jamabandi running in the name of Dhuma Sahu and others for making entry of the name of Bhim Sahu, has been rejected.
Petitioner is the son of Bhim Sahu, and his case in brief is that the predecessor-in-interest of the petitioner was rightful owner of the land of Khata Nos.16 and 18 which were made part of Khewat No.2, Mouza Titihi, P.S. Kamdara and it was privilege land of the Zamindar as Majhias land. The total land of Khewat No.2 is 343.21 acres. Khata Nos.16 and 18 were made from Khewat No.2 appertaining to recent survey Khata No.94 in which thereafter, he received plots measuring an area 24.05 acre.
The main contention is that Sale Deed No.651/1935, dated 21.06.1935 was executed with respect to Khewat No.2 which was a total area 343.21 acres, whereas the sale deed has been shown to be executed for 1045.88 acres. This was an inherent anomalous which has not been considered in appeal or revision.
On perusal of the impugned orders, it appears that application for cancelling long standing Jamabandi running in the name of Duma Sahu and others, has been dismissed inter alia on the ground that it was long standing Jamabandi which cannot be cancelled without order passed by the competent civil court. This order has been affirmed in revision. Law is settled that a Jamabandi, which has lawfully opened and the parties are in settled possession, the same cannot be cancelled without adjudication by a competent civil court. I do not find any merit in the instant writ petition.
Writ Petition stands dismissed. Interlocutory Application, if any, is disposed of.