BINAY KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Om Prakash Twari, counsel for the petitioner and Mr. Nagmani Tiwari, counsel appearing on behalf of the private respondents.

(2.) This writ petition has been filed by the petitioner for quashing the order dated 13.02009, passed by the Additional Collector Palamu at Daltonganj, in Demarcation Appeal Case No. 12/2008-09, whereby the learned Additional Collector has upheld the order dated 04.09.2008 passed by the Circle Officer, Sadar Medninagar, Daltonganj in Demarcation Case No. 55/2008-09.

(3.) Counsel for the petitioner submits that the impugned orders are fit to be set aside on the short point that the same has been passed without considering the relevant revenue records, deeds, returns and demands and without giving any opportunity to the petitioner of being heard and demarcation was done in absence of the petitioner. Counsel for the petitioner further submits that the impugned order passed by the Circle Officer in Demarcation Case No. 55/2008-09 is fit to be set aside as the demarcation itself has been done in absence of the petitioner and without the knowledge of the petitioner. It is further submitted that the appellate authority has also dismissed the appeal case no. 12/2008-09 vide order dated 102.2009 without considering this aspect of the matter.