IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7096 of 2008 1.GAYATRI DEVI wife of Late Kamta Prasad Tiwary 2.Smt.Kailash Devi wife of Murari Shankar Mishra 3.Shanti Devi wife of Awadh Narayan Choube 4.Bhawani Devi wife of Late Kamta Prasad Pathak All resident of Village Nawada P.O.Mohamadpur Town P.S.Barh District Patna. Versus 1.THE STATE OF BIHAR 2.Collector,Patna. 3.Addl.Collector,Patna. 4.I.R.D.C.Barh,District Patna. 5.Anchal Adhikari Barh,Dist.Patna. 6.S.D.O.Barh,District Patna. ----------- 2 18.4.2009. Heard counsel for the petitioners and the State. Petitioners are aggrieved by order dated 22.1.2006 passed by Collector, Patna in Jamabandi Case no.11/.2002-03 in respect of Khata no.1051 and Plot no.2471 and 2472. The order has been challenged by the petitioners on the ground that jamabandi running in the name of petitioner with respect to the land has been cancelled by the Collector without giving any notice to them and without any opportunity of hearing. The order has been passed completely in violation of rule of natural justice and in arbitrary exercise of power by the Collector. Petitioners case is that disputed plot no.2471 and 2472 of Khata no.1051 previously belonged to Zamnindari of Narhan Estate. These lands were settled by Narhan Estate and its co-sharers in the year 1921 with Sri Narayan Ojha as the Zamindar had right to settle the gairmajarua malk land. Part of plot no.2471 is a low land and recorded as Pokhar in the cadastral survey khatian which has an area aof 6.07 acres , Plot no.2472 is 0.45 acres. Sri Narayan Ojha used to pay rent to the Narhan Estate and receive rent receipts. In Register- II of Narhan Estate with respect to Tauji no.8436 Sri Naryan Ojha was shown as raiyat of Khata no.1051 to 1050 Narayan Ojha executed four gift deeds in respect to Plot no. 2471 and 2472 in favour of his four daughters; During life time of Narayan Oha, Jamabandi nos.141,142,143 and 1444 were created in the name of the donees in 2 Mutation case no.166/19711-72, 167/1971-72, 168/1971-72 and 169/1971-72 with respect to gifted lands. Subsequently some dispute started with respect to land of Khata no.911 and 1051 as one Syed Imtiaz Ehsan claiming to be Mutawalli of Hazrat Bandesah Wakf Board claimed it to be wakf property. Petitioners case is that Syed Imtiaz Ehsan lost his case before revenue authorities and has filed C.W.J.C.No.8412 of 2003 which is pending for disposal. In these backgrounds the Circle Officer has sent the report to the Collector recommending cancellation of petitioners Jamabandi with respect to plot no.2471 and 2472. The Collector without giving any notice to the petitioners and without hearing them has passed the impugned order. Considering that the order has been passed in violation of rule of natural justice and valuable right of the petitioners has been taken away without giving them opportunity to defend their case, the order impugned is arbitrary without jurisdiction and fit to be quashed. Accordingly the order passed by the Collector,Patna in Jamabandi case no.11/2002-2003 dated 22.1.2006 is quashed. This application is allowed. However, the respondents may proceed in accordance with law giving proper opportunity to the petitioners. Sss/- (Mridula Mishra, J)