NITYANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) Petitioner filed this writ petition for quashing order dtd. 8/7/2019 (Annexure 2) passed by the Additional Collector, Kishanganj initiating a proceeding for cancellation of jamabandi standing in the name of the petitioner and for quashing the notice (Annexure 3) issued pursuant to the order dtd. 8/7/2019.

(3.) The petitioner assailed the order on the ground that the Additional Collector has not recorded his satisfaction for holding an enquiry that the jamabandi standing in the name of the petitioner is created in violation of any law or the circular issued thereupon. For initiation of enquiry, the satisfaction of the Additional Collector is a sine-qua-non and unless the Additional Collector recorded his satisfaction, the order initiating a proceeding for cancellation of jamabandi and notice issued thereupon are illegal, fake and fit to be set aside.