IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6041 of 2008 NAGENDRA MISHRA son of Late Shiv Narayan Mishra, resident of Village Jagdishpur Briti Tola P.S.Nautan District West Champaran. Versus 1.THE STATE OF BIHAR 2.The Member Board of Revenue, Government of Bihar, Old Seretariat, Patna. 3.The Secretary,Land Reforms Department,Government of Bihar,Old Secretariat,Patna. 4.The Divisional Commissioner,Tirhut Division,Muzaffarpur. 5.The Collector, West Champaran at Bettiah. 6.The Additional Collector, West Champaran,Bettiah 7.The Deputy Collector, Land Reforms,West Champaran,Bettiah. 8.The Circle Officer, Nautan Anchal,West Champaran,Bettiah. 9.Sri Shiv Kumar Singh son of Late Hakim Singh resident of Village and P.O. Jagdishpur P.S.Nautan District West Champaran. ----------- 2 13.4.2009. Heard counsel for the petitioner and the State. Prayer of the petitioner is for a direction to the respondents for opening Zamabandi in his name and to issue rent receipt in his favour accepting rent. Further prayer is for quashing the order dated 20.9.2007 passed by the Additional Collector, West Champaran, Bettiah in Rent Settlement Appeal No.33 of 2007-08 whereby the D.C.L.R. has passed order in Jamabandi Creation case no.21 of 2003-04/ 26 of 2004-05 in favour of the petitioner. Petitioner’s case is that on 16.8.2004 the D.C.L.R. Bettiah passed an order in Jamabandi Creation case no.21 of 2003-04, whereby the Circle Officer, Nautan was directed to cancel the Jamabandi no.1517 running in the name of Adarsh Uchcha Vidyalaya,Jagdishpur, and to create Jamabandi in the name of the petitioner. The dispute relates to land of village Jagdishpur pertaining to R.S. Khata no.53 Plot no.658 measuring 12 katha, 1dhur, khata 2 no.53 Plot no.659, measuring 1 Bigha 1 dhur and land of Plot no.1596 measuring 8 katha 1 dhur. These lands originally belonged to one Bhushan Singh. In the R.S.Khatian Bhushan Singh was recorded as raiyat and Sikmi Khata no.12 was opened in the name of Shiv Tilak Mis,hra petitioner’s ancestor. After the death of recorded sikmidar Jamabandi of Plot no.1596 measuring 8 kathas 1 dhur was settled in the name of Devanand Mishra son of Tilak Mishra and Jamabandi of Plot no.658 and 659 measuring 1 bigha 13 kathas 4 dhurs was created in the name of Nagendra Mishra and his brother Madho Mishra who are grand sons of Tilak Mishra. This Jamabandi was created in case no.21 of 2003-04, disposed of on 16.8.2004. Two deed of gift were executed by legal heirs of recorded raiyat Bhushan Singh and ors. On 17.11.1981 and 22.2.1982 in the name of Governor of Bihar. Donating and transferring lands in favour of Adarsh Uch Vidyalaya, Jagdishpur. Thereafter in the year a1981-82 Jamabandi no.1517 was opened in the name of school and since then the school is being run on the land. So far creating Jamabandi in the name of petitioner is concerned, no evidence on records were found available of such proceeding. Petitioners have applied for cancellation of Jamabandi running in the name of school which was rejected by the impugned order dated 20.9.2007. Reason for rejecting prayer of the petitioner for cancellation of Jamabandi no.1517 running in the name of school, as mentioned in the impugned order is that the revenue authority have got no jurisdiction to cancel Jamabandi running in the 3 name of any party unless there is any valid reason for that or there is an order of competent civil court. Since none of the reasons were found present, impugned order were passed. I find no error in the order. Accordingly this application is dismissed. However, the petitioner, if so advised may approach before the competent civil court for reliefs he is praying before this Court. Sss/- (Mridula Mishra, J)