TULSI MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present L.P.A. has been filed against the order dated 9.7.2008 in C.W.J.C. No. 9400 of 2005* whereby and whereunder the connected writ application questioning a direction of the competent authority to denotify the surplus land of Respondent Nos. 5 to 7 and cancelling the settlement of such land to the Petitioners at the behest of the Appellant-writ Petitioners has been dismissed by the learned Single Judge.

(2.) The facts giving rise to this appeal lie in a very narrow compass.

(3.) The Appellant-writ Petitioners had filed the connected writ petition, C.W.J.C. No. 9400 of 2005 for a direction to the Respondents for restraining them from being removed of their respective possession of surplus land settled as also for quashing of the order dated 8.9.2004 wherein the Additional Collector, Gaya, while modifying notification No. 823-824 dated 21.6.2003 by a notification No. 923-924 dated 6.2.2004 had directed to submit a proposal for cancellation of Parwana if settlement of land had already been in terms of the notification dated 21.6.2003. The Appellant-writ Petitioners in fact had claimed that land had been settled to them and Parwana had been issued in the year 1993-94 and as such, they ought to have been given notice and/or given opportunity of hearing before passing of the impugned order by the Additional Collector, Gaya, dated 8.9.2004.