IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13637 of 2011 1. Sarvesh Kumar S/O Late Satyendra Narayan Yadav R/O Khatahu (Navtolia), P.S.- Gogari, Distt.- Khagaria 2. Sanjay Kumar S/O Indradeo Prasad R/O Hajipur, Ward No.20, P.O.+P.S.- Khagaria, Distt.- Khagaria Versus 1. The State Of Bihar Through The District Magistrate, Khagaria 2. The District Magistrate, Khagaria 3. The Additional Collector (District Revenue Section), Khagaria 4. The Circle Officer, Gogari, Khagaria 4 15.9.2011 The petitioners pray for quashing of the order dated 5.7.2011 issued by the Additional Collector, Khagaria by which Land Possession Certificate issued in favour of petitioners by the Circle Officer, Gogari has been cancelled. The petitioners assailed the aforesaid order on the ground that the same has been passed without affording opportunity of hearing to them. The petitioners submit that they were selected for retail outlet dealership of H.P.C.L. for the location at N.H.31 within 10 Kilometers from Maheshkhut towards Naugachhia in the district of Khagaria. It has been stated that the aforesaid dealership is being denied to the petitioners as the Additional Collector has cancelled the Land Possession Certificate granted by the Circle Officer which is one of the requirements for grant of retail outlet. Counsel for the State submits that the impugned order dated 5.7.2011 has been passed by the Additional Collector on a complaint of one Ashwani Kumar. The learned Additional Collector, Khagaria ought to have given an hearing 2 to the petitioners before cancelling the Land Possession Certificate. It is the case of the petitioners that after due verification the Land Possession Certificate was granted by the Circle Officer. In the aforesaid circumstances, the matter is remitted back to the Additional Collector, Khagaria to consider the matter afresh after affording opportunity of hearing to both the petitioner and Ashwani Kumar. It would be open for the petitioners to take any other objection, if so advised. Pending final adjudication of the matter by the learned Additional Collector, the operation of the order dated 5.7.2011 contained in letter no.828 cancelling the Land Possession Certificate granted by the Circle Officer is stayed. With the aforesaid observations and directions, this writ petition stands disposed of. KHAN (S.P.Singh,J)