LAWS(PAT)-1999-4-20

URNASHANKAR SINGH Vs. STATE OF BIHAR

Decided On April 07, 1999
Urnashankar Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel appearing for the respondents -Bhudan Yagna Committee and the learned counsel for the State.

(2.) THERE is no dispute that the petitioner was previously granted a certificate under section 14 of the Act by the Bhoodan Yagna Committee with respect to the land in question and, accordingly, he was put in possession later an allegation was made that petitioner on getting money had transferred and/or exchanged certain portion of the land in favour of different persons and reports were also submitted to that effect. Since it was found that such transfer or delivery of possession of land in favour of different persons by the petitioner, was illegal and also in contravention of the provisions of settlement, the Chairman of the Committee by the impugned order, cancelled the certificate and recommended for ejectment under section 21 of the Act.

(3.) LEARNED Counsel for the petitioner centended that the impugned order of the Chairman is quite illegal as no notice was ever given before the cancellation of the certificate. He further contended that copy of the reports annexed with the counter affidavit have no relevancy, since such reports were submitted either in a proceeding under section 144 or 145. of the Act, but not in connection with the present proceeding.