CIVIL WRIT JURISDICTION CASE No.3797 OF 1991 In the matter of an application under Articles 226 and 227 of the Constitution of India. ---------- UMESH MISSIR S/O LATE HALDHAR MISSIR R/O VILLAGE AKORHI, PS. BHAGWANPUR, IN THE DISTRICT OF BHABUA--- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE ADDITIONAL COLLECTOR, BHABUA 3. THE SUB-DIVISIONAL OFFICER, BHABUA 4. THE LAND REFORMS DEPUTY COLLECTOR BHABUA 5. THE ANCHAL ADHIKARI, BHAGWANPUR,DISTT- BHABUA 6. SHEO BACHAN RAM S/O LOCHAN RAM R/O VILLAGE AKORHI, PS. BHAGWANPUR, DISTT.- BHABUA---Respondents --------- For The Petitioner :MR. RAMA KANT SHARMA,SR.ADVOCATE MR. RAJESH KUMAR,ADVOCATE For The RespondentS : NONE --------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ****** A.K.Tripathi,J Bandobasti Case No. 48/86-87 was initiated by the Circle Officer, Bhagwanpur in the district of Kaimur at Bhabua. This proceeding was initiated on the basis of an application made by one Sheo Bachan Ram who has been made private respondent no.6 in the present writ application. The circle Officer on the basis of the common notice decided to settle certain piece and parcel of land measuring 28 decimals in favour of said Sheo Bachan Ram. Out of the settlement made in favour of the private respondent no.6 petitioner is concerned with only 9 decimals of land which relate to Khata No. 215 Khesra No. 194. When the settlement was finally made and a public notice issued thereafter in terms of annexure-5, petitioner came to know of the folly which had been committed by the revenue authority against his interest. He filed an appeal and vide order dated 15.3.1991 the same was dismissed as being time - 2 - barred. The present writ application thereafter has come to be filed challenging both annexures 4 and 6. The first submission which has been made by learned Senior counsel appearing for the petitioner is that the entire exercise has been carried out behind the back of the petitioner without giving him any opportunity of hearing or notice specially when part of his land is sought to be settled in favour of respondent no.6 and there is material on record to show that he had reason to claim to be of his own and not as a public land as has been recorded by the Circle Officer. Learned counsel further points out from the material which has been brought on record as annexures 1, 2 and 3 which show that after many rounds of litigations with various revenue authorities including the Circle Officer of the area the name of petitioner came to be recorded in the revenue record as would be evident from annexure-2. This is after the right and claim of the grand- father of the petitioner and thereafter his interest having been established with plethora of documents which were produced before the Circle Officer in an Encroachment Case No. 1/77-78. His contention is that if the authorities had given him an opportunity he would have been able to establish before them that there would be no occasion to settle 9 decimals of land in question treating it to be Gaiarmazaura Amm land or Anabad Bihar Sarkar. From perusal of annexure-4 and the various orders - 3 - which have been passed there is evidence to show that the proceeding had been initiated at the behest of respondent no.6 and no specific notice was ever issued to the petitioner giving him an opportunity to place his case before the authority concerned. In view of the evidence which has been brought on record and in absence of any rebuttal on behalf of the private respondent despite proper notice having been issued to him and the same had been validly served on him, the contention of the petitioner cannot be brushed aside lightly. This writ application is allowed. Annexure-4 as well as annexure-6 are set aside. The matter is remanded back to the Circle Officer, Bhagwanpur with a direction that in case they still want to proceed in the matter, they will issue notice to the petitioner, examine his case and thereafter pass an appropriate order after giving him opportunity of hearing. This writ application is allowed with the above liberty. (Ajay Kumar Tripathi,J.) Patna High Court, Patna Dated the 17th December, 2008 NAFR (RPS)