A single bench comprising Justice Sandeep Kumar of the Patna High Court in the case of Chandradev Yadav Vs. The State of Bihar held that any authority under law before passing any order prejudicial to a party must issue notice to the affected party and will pass the order only after the appearance of the affected party and after hearing him.
Brief Facts:
The factual matrix of the case is that one Madho Mandal died leaving behind three sons, namely, Bhay Lal mandal, Budhu Mandal and Ritlal Mandal. Through several sale deeds from one Nasib Mandar and Kalak Lal Mandal, Bhay Lal Mandal after partition purchased land through several registered deeds, and it was claimed that Most. Aksi Devi, wife of late Ritlal Mandal had given her entire property of land to Bhay Lal Yadav by executing a registered deed and Bhay Lal Mandal got his name mutated in Sirista of ex-landlord and accordingly, rent receipts have also been issued in his favour.
Thereafter, the partition suit was filed Ragho Yadav and Chhatu Yadav in the year 1965-1966 and the said partition suit was resolved and a new jamamandi was created in favour of Ragho Yadav. Furthermore, after several years the private respondents filed the mutation correction case on the ground that Ragho Yadav got his name mutated using forged and fabricated documents. The jamamandi correction appeal was filed and it was placed before the Additional collector. The order was passed by the additional collector without issuing any notice to the Petitioner which results in the present petition.
Observations of the Court:
The Hon’ble court observed that it is evident from the averments made by the petitioner that the petitioner had never before been heard by Additional Collector. According to the law, any authority before passing any order prejudicial to a party must give notice to the affected party and will only pass the order after hearing the affected party in person.
It was furthermore observed that it is completely against the principles of natural justice.
Based on these considerations, the Hon’ble High Court quashed the order passed by the Additional Collector in the interest of principles of natural justice.
The decision of the Court:
With the above direction, the application is allowed.
Case Title: Chandradev Yadav Vs The State of Bihar
Coram: Hon’ble Mr. Justice Sandeep Kumar
Case No.: Civil Writ Jurisdiction Case No.6418 of 2020
Advocate for the Petitioner: Mr.Rajesh Kumar, Advocate
Advocate for the Respondent: Mr.Raj Kishore Roy ( GP18 )
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