Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Bihar - Section

Section 13 in Bihar Land Mutation Rules, 2012

13. Cancellation of Jamabandi.

(1)Any person having interest in a land or a part thereof may file a petition for the cancellation of jamabandi before the Additional Collector of the district in whose jurisdiction the land or a part thereof is situated, in Form-XV.
(2)Authorised representative of any Department of the Government having its interest in a land or a part thereof may, for the cancellation of a jamabandi, make a reference to the Additional Collector under whose jurisdiction the land or a part thereof is situated.
(3)The Additional Collector on receipt of a petition in Form-XV for the cancellation of jamabandi or on reference from an authorised representative of the Government Department having an interest in the land or a part thereof or suo motu, if he is satisfied that there is sufficient evidence that the jamabandi has been created in violation of any law or in contravention of an executive instruction, shall initiate proceeding for the cancellation of the jamabandi by issuing general notice in Form-XVI inviting objections from the public of the locality and specific notices in Form-XVII to persons having interest in the land and the part thereof including inter alia the persons having jamabandi of the land in question.
(4)The general and the specific notices shall clearly mention the date, time and place of hearing.
(5)The period of the notice shall be of 14 days.
(6)The general notice and specific notices shall be served in the same manner as mentioned in the foregoing rule-5 (3), (4) and (5).
(7)The Additional Collector may conduct inquiry about the matter either himself or through any other revenue officer under his jurisdiction and shall record the findings of the inquiry in the order sheet of the case record.
(8)The Additional Collector after giving reasonable opportunity to the parties concerned, of being heard and adduce evidence, if any, shall pass such order as he deems fit.
(9)The order shall be reasoned and the grounds, on which it is based, shall be recorded in the order sheet.
(10)After the order for the cancellation of jamabandi, the Additional Collector, subject to Appeal /Revision shall direct the Circle Officer in whose jurisdiction the land or a part thereof is situated to cancel the jamabandi in the Continuous Khatian, Tenants' Ledger Register and Khesra Register.
(11)The Additional Collector, after passing an order under foregoing rule 11(10), subject to Appeal/Revision, shall dispossess the person claiming land under the said jamabandi and restore the possession to the legitimate owner/custodian on such terms which may appear to be fair and equitable.
(12)Cases in which dispossession of the person claiming the land on the basis of the cancelled jamabandi and restoration of the land to the legitimate owner/custodian is not possible without the use of force, the Additional Collector either himself restore possession or shall depute a Civil Officer under his jurisdiction and direct the Deputy Superintendent of Police in whose jurisdiction the land is situated to depute a police officer not below the rank of Assistant Sub Inspector with adequate force and shall dispossess the person claiming under the cancelled jamabandi and restore the possession to legitimate owner/custodian of the land by using such force as is necessary.