MOTI CHAND KHANNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) IN this writ application, the petitioner has prayed for quashing the order dated 6.9.1994 passed by the Addl. Collector, Palamau and the order dated 19.6.95 passed by the Commissioner, Palamau, whereby the demand which was opened in the name of the petitioner in 1979 has been cancelled at the instance of the respondents.

(3.) THESE facts which have been stated from paras 4 to 14 of the writ petition has not been specifically and categorically denied by the respondents. It appears that after about 12 years the respondent filed an application before the Circle Officer for cancellation of the Zamabandi opened in the name of the petitioner, copy of the application has been annexed as Annexure7 to the writ petition. From perusal of the annexure -7 it appears that allegation was made that there was no basis for opening Zamabandi in the name of the petitioner in the year 1979. The relief sought for in the said application was that Zamabandi opened in the name of the petitioner be cancelled and justice be given to the tribals and the persons of minority community living in the said village. On the said application the Additional Collector made an inquiry and after hearing the parties allowed the said application and cancelled the demand running in the name of the petitioner mainly on the ground that a partition suit being partition suit no. 86/88 was pending before the sub -judge, Palamu. The Additional Collector on the aforesaid ground quashed the two orders passed in Miscellaneous Case Nos. 26/76 -77 and 23/79 -80.