GULAB MISHRA Vs. BALESHWAR THAKUR

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India, the prayer of the two petitioners is to quash the order dated 10-3-1976 and the order dated 24th/25 July, 1981 passed by the Circle Officer (respondent No. 2), true copies whereof are Annexure 1 and 2 respectively to this application. By the order dated 10-3-1975, respondent No. 2 ordered for issue of parcha of an under-raiyat to respondent No. 1 in respect of five decimals of land of plot No. 1381 of Khata No. 38 lying in village Pakri of Bidupur Anchal. By the said order fair and equitable rent has also been fixed. By the order (Annexure-2), respondent No. 2 rejected the petition filed by the petitioners to recall the order contained in Annexure-1.

(2.) Respondent No. 1 had filed an application (Annexure-3) for issuance of Parcha under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter to be referred to as 'the Act') with respect to the aforesaid piece of land. On the aforesaid application, Case No. 127/1974-75 was instituted and an order for issue of notices to the petitioner for filing objection was passed by respondent No. 2 by his order dated 11-2-1975. No show cause was filed on behalf of the petitioners and the impugned order dated 10-3-1975 was passed, as mentioned above. Thereafter, as mentioned above, the prayer for recalling the aforesaid order was refused by the order dated 25-7-1981 (Annexure-2). Hence, this writ application.

(3.) The petitioners have challenged the aforesaid orders on various grounds as enumerated herein below :-