ASHOK PRASAD @ ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE common question is involved in both these writ application, they are taken up together and are being disposed of by this common order.

(2.) IN these writ petitions the prayer of the petitioner is to quash the order dated 29.4.2000 passed by the Member, Board of Revenue. Bihar, Patna whereby Revenue Revision Case Nos. 182/1999 and 181/1999 (Annexure -6) filed by the petitioner, was dismissed for default since he did not appear before the Member, Board of Revenue, Patna on the date fixed for hearing.

(3.) NOTICE was issued by this Court in the present writ petitions on 6.8.2003 particularly on the point as to whether a revision filed by the petitioner which was admitted by the Member, Board of Revenue holding Camp Court at Ranchi, could have been dismissed for default by holding Court at Patna and that too without giving any notice to the petitioner. The State of Jharkhand has not filed any counter affidavit. However, respondent nos.5 and 6 have filed counter affidavit. In the counter affidavit they have not denied the fact that the revision applications filed by the petitioner was dismissed for default at Patna. It is also not denied -that no notice prior to dismissal for default was given to the petitioner.