RAKESH KUMAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by respondent no. 4 dated 21st June, 2008 whereby an application preferred by the present petitioner for entering his name in revenue record has been dismissed for Plot No. 746 Khata No. 129 because the predecessors -in -title's name has been cancelled from revenue record by order at Annexure -A to the counter affidavit filed by the respondents. It is submitted by the counsel for the petitioner that while passing the order at Annexure -A, the petitioner was not heard though his name was reflected in the revenue entries in the draft record of rights, because petitioner was in possession of the property in question. Thus, there is violation of the principles of natural justice while passing the order at Annexure -A to the counter affidavit which has been relied upon while passing the impugned order at Annexure - 4 to the memo of the present petition and therefore, the order at Annexure -4 deserves to be quashed and set aside and the petitioner may be heard a fresh.

(2.) I have heard learned counsel for the respondents, who has submitted that the impugned order is an appellable order. An appeal can be preferred under Section 15 of the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 and therefore, petition may not be entertained. It has been submitted that the petitioner has no case and the same has been relied upon in the counter affidavit filed on behalf of respondent nos. 1 to 4.

(3.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that: -