MANDAL BASKI Vs. STATE OF BIHAR

JUDGEMENT

(1.) That this is an application for issuance of an appropriate writ/ writ(s) or order/order(s) and/ or direction for the following relief/reliefs.

(2.) Learned counsel for the petitioner submits that land in question mentioned in para 4 which is Plot No. 1515 under Khata No. 94, Area-5.64 acres situated within Mauza-Khagda under Thana No. 57, ward No. 6 was settled in the name of father of the petitioner in the year 1966-67. It has been submitted that father of the petitioner died on 15/12/1996 as is evident from the Death Certificate annexed as Annexure-P/2 and in the Bandobasti Parcha Cancellation Case No. 55/2018-19 filed by State against the petitioner 's father and other, notice has been issued to father of the petitioner who has already died. In this way, Notice is merely a formality as father of the petitioner has died earlier and petitioner has not been heard. Thereby, petitioner has been deprived of his right of hearing. In this way, the order dtd. 8/12/2020 passed by the Collector, Kishanganj in Bandobasti Parcha Cancellation Case No. 55/2018-19 is liable to be set aside.

(3.) Learned counsel on behalf of the State submits that petitioner is not a party as his father is party and other person to whom he has sold the land in question. He has also admitted that though notice has been served but notice has not been given to the petitioner because he is not a party to the said proceeding.