THE JHARKHAND STORY DESK
New Delhi, Nov 8: In a major development concerning land registration in Bihar, the Supreme Court on Friday set aside a Patna High Court order that had prohibited the sale, purchase, or donation of land without a Jamabandi (land record) or holding number.
The apex court also quashed the Bihar government’s October 10, 2019, amendment to Rule 19 of the Registration Rules, which mandated that property registration could only take place if the land was recorded under Jamabandi or holding.
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A bench comprising Justice P.S. Narasimha and Justice Joymalya Bagchi delivered the verdict while hearing a Special Leave Petition (SLP–Civil) filed by Samiullah, who argued that the amendment created unnecessary hurdles in land transactions and infringed upon citizens’ rights.
Earlier, the Patna High Court had upheld the 2019 amendment and dismissed all related petitions, a decision that was subsequently challenged before the Supreme Court. The top court had already stayed the amendment on May 13, 2024, stating that all registrations carried out after the amendment would remain subject to the final judgment.
Clarifying the legal position, the Supreme Court observed that the role of the registration office is limited to recording documents, while ownership and legitimacy of land titles are matters to be decided by civil courts.
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The court also directed the Law Commission to conduct a detailed study of the issue and prepare a comprehensive report in consultation with the central and state governments as well as IT experts to ensure a more efficient and transparent system for land registration.
