PRABHA MINZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition is filed under Article 227 of the Constitution of India challenging the order dated 07.05.2008 passed by the Deputy Commissioner, Ranchi in Mutation Revision Case No. 67 (R) 15 of 2007 -08 (Annexure -3) by which the learned Deputy Commissioner, Ranchi has disposed of the Revision application filed by the Respondent Nos. 5 to 8 without any notice and knowledge of the petitioner and modified the order passed by the D.C.L.R., Sadar, Ranchi in Mutation Appeal No. 17 R 15 of 2007 -08.

(2.) HEARD the learned counsel for the petitioner as well as the learned counsel for the private Respondents and the Respondent -State.

(3.) THE learned counsel for the petitioner submitted that the learned Deputy Commissioner, Ranchi has passed the impugned order without following the due process of law as envisaged under Section 16 of the Bihar Tenant's Holdings (Maintenance of Records) Act, 1973. The learned counsel for the petitioner by referring the impugned order, pointed out that no such opportunity was ever afforded to the present petitioner and therefore, only on this ground, the impugned order is required to be quashed and set aside.