GANESH YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel, Mr. Shashi Nath Jha, for the petitioner, the learned counsel, Mr. Radha Mohan Pandey, for the respondent No.6 and the learned A.C. to G.A.5 for the State respondent.

(2.) The petitioner in this writ application under Art. 226 of the Constitution of India has challenged the order dated 16.06.2009/21.06.2009 passed by respondent No.2 in Land Ceiling Revision Case No.35 of 2008-09 on the ground that the learned revisional Court without hearing the present petitioner has condoned the delay. Even no notice in limitation matter is issued to the petitioner.

(3.) Secondly, according to the learned counsel for the petitioner, the revisional Court has without deciding the question of law has set aside the appellate order passed by the Collector only on the ground that the spot enquiry report was not called for. The learned counsel submitted that for passing an order under Sec. 16(3) of the Bihar Land Reforms (Fixation of Ceiling, Area and Acquisition of Surplus Land) Act, 1961 it is not a condition precedent that prior to passing an order, there must be spot enquiry. In the present case, several materials were there on the basis of which both the authorities under the land ceiling Act, i.e, DCLR and Addl. Collector came to the conclusion that the petitioner herein is also an adjoining raiyat. The learned counsel therefore, submitted that instead of remanding the matter the revisional authority should have decided the matter on merit.