Patna High Court
Rajesh Jain vs The State Of Bihar on 29 January, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11131 of 2023
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Rajesh Jain, Son of Late Mahavir Prasad Jain, Resident of Nehru Road,
Thakurganj, P.O. and P.S.- Thakurganj, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Kishanganj.
2. The Anchal Adhikari, Thakurganj Anchal, District- Kishanganj.
3. Pawan Kumar Jain Son of Late Mahavir Prasad Jain, Resident of Nehru
Road, Thakurganj, P.O. and P.S.- Thakurganj, District- Kishanganj.
4. Rohit Kumar Jain Son of Late Mahavir Prasad, Jain, Resident of Nehru
Road, Thakurganj, P.O. and P.S.- Thakurganj, District- Kishanganj.
5. Dilip Kumar Jain Son of Late Mahavir Prasad Jain, Resident of Nehru Road,
Thakurganj, P.O. and P.S.- Thakurganj, District- Kishanganj.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 11066 of 2023
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Rajesh Jain, Son of Late Mahavir Prasad Jain, Resident of Nehru Road,
Thakurganj, P.O. and P.S.-Thakurganj, District-Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Kishanganj.
2. The Anchal Adhikari, Thakurganj Anchal, District-Kishanganj.
3. Pawan Kumar Jain Son of Late Mahavir Prasad Jain Resident of Nehru
Road, Thakurganj, P.O. and P.S.-Thakurganj, District-Kishanganj.
4. Rohit Kumar Jain Son of Late Mahavir Prasad Jain Resident of Nehru Road,
Thakurganj, P.O. and P.S.-Thakurganj, District-Kishanganj.
5. Dilip Kumar Jain Son of Late Mahavir Prasad Jain Resident of Nehru Road,
Thakurganj, P.O. and P.S.-Thakurganj, District-Kishanganj.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11131 of 2023)
For the Petitioner : Mr. Satish Kumar Sinha, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
Mr. Saurabh Kumar, AC to SC-19
For Respondent Nos. 3-5: Mr. Om Prakash Singh, Advocate
(In Civil Writ Jurisdiction Case No. 11066 of 2023)
For the Petitioner : Mr. Satish Kumar Sinha, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
Mr. Saurabh Kumar, AC to SC-19
For Respondent Nos. 3-5: Mr. Om Prakash Singh, Advocate
Patna High Court CWJC No.11131 of 2023 dt.29-01-2024
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 29-01-2024
1. Heard learned counsels for the parties.
2. These writ applications have been filed for setting
aside order dated 09.01.2023 passed by the Anchal Adhikari,
Thakurganj (Respondent No. 2) in Mutation Case No. 11639 of
2022-23 whereby and where under mutation has been ordered in
favour of the private Respondent Nos. 3, 4 and 5 herein, with
respect to the land as detailed in the schedule (Annexure-2 to
these writ applications).
3. It is contended on behalf of the petitioner that
impugned order has been passed without notice to the petitioner
as well as against the mandate of the Bihar Land Mutation Act,
2011, read with Bihar Land Mutation Rules, 2012.
4. In this case counter-affidavits have been filed on
behalf of the respondent-State as well as private Respondent
Nos. 3, 4 and 5. However, none of them have disputed the
contentions made on behalf of the petitioner.
5. It is settled law that any authority under law, before
passing any order prejudicial to a party, must issue notice to the
affected parties and only after appearance of the parties and
hearing them, the final order must be passed. In the present case,
Patna High Court CWJC No.11131 of 2023 dt.29-01-2024
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however, from bare perusal of the order impugned dated
09.01.2023
passed by the Anchal Adhikari, Thakurganj
(Respondent No. 2) in Mutation Case No. 11639 of 2022-23 and
on going through the averments made by the petitioner, which
has not been denied by the State or private Respondent Nos. 3, 4
and 5, it is clear that the petitioner was never heard by the
Anchal Adhikari, Thakurganj (Respondent No. 2) before passing
the impugned order dated 09.01.2023. In the opinion of this
court, this kind of order is in complete violation of principles of
natural justice and the same cannot be sustained.
6. In view of the foregoing reasons, order dated
09.01.2023 passed by the Anchal Adhikari, Thakurganj
(Respondent No. 2) in Mutation Case No. 11639 of 2022-23 is
hereby quashed.
7. Matter is remitted back to the Anchal Adhikari,
Thakurganj (Respondent No. 2) and he is directed to hear afresh
and dispose of the same, in accordance with law, after giving
notice and due opportunity of hearing to the concerned parties
by a reasoned and speaking order, preferably within a period of
six months from the date of receipt/production of a copy of this
order.
8. With the aforesaid observations and directions,
Patna High Court CWJC No.11131 of 2023 dt.29-01-2024
these writ applications are allowed.
(Prabhat Kumar Singh, J)
shashank/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 03.02.2024
Transmission Date NA
