RAM ADHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Counsel for the State.

(2.) THE Court had adjourned the matter on 17.1.2005 to enable the office to trace out the counter affidavit stated to have been filed on behalf of the respondents. In view of the report of the office this Court called upon the learned Counsel for the State to make available an extra copy of the counter affidavit from his record which was stated to have been already served on the Counsel for the petitioners. The Court proceeded to adopt this approach so as to facilitate the disposal of the writ application in view of the limited nature of the contro - versy and the scope of the order that could be passed thereupon in writ jurisdiction.

(3.) THE counter affidavit filed on behalf of the respondents would contend that the petitioners were issued show cause notices. The counter affidavit would contend that in accordance with the Government policy the persons like the petitioners were required to achieve the minimum target of 25% of revenue collection to enable their cases to be considered for regularisation. Show cause notices having been issued to the petitioners for their failure to fulfil 25% of the targeted collection, they failed to give satisfactory reply, for which reason their cases could not be considered for regularisation. The counter affidavit in para 11 and 15 would however contend that should the petitioners furnish the necessary information with regard to their having achieved 25% of the targeted collection the respondents would not be averse to consideration of their cases for regularisation.