JAGDISH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Uma Kant Shukla, learned counsel for the petitioners, Mr. Vijay Kumar Bhagat, learned counsel for the respondent no.5 and J.C. to Standing Counsel No.5. for the State.

(2.) THE petitioners seek quashing of the order dated 14.12.2000 passed in Jamabandi Correction Appeal No. 3/1979 -80 by the Additional Collector, Darbhanga, respondent no.3, by which he has set aside the order dated 5.6.1979 passed by the DCLR in Case No. 1/1977 -78, and for a further direction for restoration of their Jamanbandi.

(3.) THE petitioners have assailed the said order on the ground that it being an order against dead persons it is non est in the eye of law and fit to be quashed for the said reasons. In the writ petition notices were issued upon the private - respondents and respondent no. 5, the contesting respondent has appeared through his counsel but no counter affidavit has been filed on his behalf controverting the said stand taken on behalf of the petitioners that their ancestors, the respondent nos. 1, 2 and 3 before the Additional Collector in the Jamabandi Correction Appeal were all dead long time back before the decision in the appeal during its pendency. It is submitted by learned counsel for respondent no.5 that it is a mere assertion of the petitioners that the said respondents in the court below had died during the pendency of the appeal and the same is not proved by any death certificate to show that as a matter of fact, the said persons were dead.