IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8254 of 2003 NEMU LAL RAZAK S/o Late Saudagar Baitha resident of village Katgharwas P.S. Shikarpur Dist. West Champaran. Petitioner Versus 1. THE STATE OF BIHAR through the Collector, West Champaran at Bettiah 2. The Addl. Collector, West Champaran at Bettiah 3. The Circle Officer, Narkatiaganj Dist. West Champaran 4. Sheikh Najamuddin S/o Late Sheikh Ishaque Ahmad resident of village Katgharwa P.S. Shikarpur Dist. West Champaran. Respondents ----------- For the petitioner: Mr Nand Kishore Singh For the State: M/s Mr Binod Kumar Anwar Karim For respondent no.4: Mr Satyavrat Verma ----------- 5 13.08.2009 Heard learned counsel for the petitioner, State and respondent no.4. The writ petitioner is aggrieved by the order dated 18.3.2003 passed by the Addl. Collector, West Champaran, Bettiah, respondent no. 2 in Misc. Case no. 19/2003, whereby the settlement of the land made in favour of the petitioner being Settlement Case no. 284/2002-03 as contained in Annexure 2 has been cancelled. This is the admitted case that the settlement was made in favour of the petitioner for the land measuring 15 decimal appertaining to Khata no. 3 plot no.114. Learned counsel for the petitioner raises only a short question in this writ application that while deciding aforesaid Misc. case no. 19/2003 the principle of audi alteram partem has not been followed by the authority concerned as the same was decided without issuing notice to the petitioner. Learned counsel appearing for respondent no.4 also admits - 2 - to the extent but it has been submitted by him that the settlement was made erroneously in favour of the petitioner and it was appropriate in the interest of justice to annul the same. In my opinion, this case can be disposed of on the aforesaid admitted short question itself. Once the settlement was made in favour of the petitioner, there is no doubt that he had acquired certain rights. Thus, if a petition/appeal had been filed for annulling the same, the authority concerned ought to have given opportunity to the petitioner of being heard before disposing of the same. That not having been done, the aforesaid order can not be sustained. As a result the order dated 18.3.2003 is set aside. The matter is remitted to the Addl. Collector, West Champaran, Bettiah to decide the same afresh after giving an opportunity of hearing to the petitioner in accordance with law preferably within six months from the date of receipt/production of a copy of this order. The petitioner will be at liberty to raise all the objections before the authority concerned including objection with regard to the jurisdiction and maintainability of the case or appeal. Accordingly, this writ petition stands allowed. shahid (Dr. Ravi Ranjan, J)