BHOLA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. No one appears for respondent no. 8 though name of the counsel appearing for respondent no. 8. is appearing in the daily cause list. Time was also granted to private -respondents as well as State for filing counter -affidavit.

(2.) THE petitioner is aggrieved by the order dated 10.7.1992 passed by the D.C.L.R., Birpur, in Rent Fixation Case no. 5 of 1992 -93 creating Jamabandi in favour of respondent no. 8, also the order dated 29.12.1997 passed by the Addl. Collector, Supaul, in Misc. Revenue Appeal Case no. 137/95/115/97 and the order passed by the revisionai authority dated 16.8.2000 passed in Mutation Revision Case no. 31 of 1997 -98 (Annexure -4).

(3.) ON consideration of the fact that jamabandi once created in the name of the petitioner has been cancelled for no specific reason, is sufficient to quash that order. The Revisionai Authority as well as the appellate authority failed to consider the error apparent in the order passed by the Circle Officer. The Appellate Authority dismissed the appeal on the point of limitation, and the revisional authority also refused to consider that the D.C.L.R. had passed the order without issuing notice to the petitioner.