LALU KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Nawal Kishore Agrawal, learned Senior Counsel appearing for the petitioner, Mr. K.B. Nath, learned counsel appearing for the Zila Parishad, Katihar, learned J.C. to Government Advocate No. 4 appearing for the State and Mr. Jagannath Singh, learned counsel appearing for the intervenor.

(2.) THE petitioner has approached this court for quashing of Memo No. 834 dated 29.5.2006 (Annexure -3) as well as Memo No. 836 dated 29.5.2006 (Annexure -3/1) issued by the D.D.C. -cum - Chief Executive Officer, Zila Parishad, Katihar, by which the earlier settlement made in favour of the petitioner for the year 2006 -07 has been cancelled.

(3.) LEARNED counsel for the petitioner has submitted that the settlement had been made in his favour after a proper general notice being issued and the earlier settlee having been noticed about the same and he also deposited the amount for the same and was handed over possession whereupon he had invested a huge amount. It is mainly submitted on behalf of the petitioner that the settlement has been cancelled without complying with the principle of natural justice. It is further submitted that no reasons have been assigned for the said cancellation. It is also submitted in accordance with the law laid down by the Supreme Court in the case of Mohinder Singh Gill and another vs. The Chief Election Commissioner and others: A.I.R. 1978 S.C. 851, that the authorities are not permitted to place before the court any additional reason apart from what is stated in the order impugned and thus, it is not open to the respondents to come forward with reasons which are not contained in the impugned orders.