IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1140 of 2004 IN (CIVIL WRIT JURISDICTION CASE 12323/2001) ======================================================= Julum Sah @ Julun Sah Gond, son of Indar Sah Gond, permanent resident of village Nadda, Police Station Bagaha, District West Champaran, presently residing at village Narwal, Police Station Bagaha, District-West Champaran .... .... Writ petitioner/ Appellant/s Versus 1. The State Of Bihar 2. The Collector, West Champaran, Bettiah 3. The Sub-Divisional Officer, Bagaha, West Champaran 4. The Deputy Collector, Land Reforms, Bagaha, West Champaran 5. The Circle Officer, Bagaha, West Champaran 6. Sita Ram Ram, son of Kumar Ram 7. Mishri Musahar, son of Budhu Musahar 8. Moti Chand Musahar son of Etwar Musahar 9. Samir Musahar son of Nathuni Musahar 10. Govari Ram son of Laxman Ram .. All are residents of village Narrwal, P.S. Bagaha, P.O. and District-West Champaran .... .... Respondent/s with Letters Patent Appeal No. 1143 of 2004 IN (CIVIL WRIT JURISDICTION CASE 12533/2001) ======================================================= 1. Fulena Thakur 2. Shio Pujan Thakur Both sons of Bindeshwari Thakur Both resident of village Nadda, Police Station Bargaha, District West Champaran, presently resident of Kapardhika P.S. Bhairoganj (Bagaha) District West Champaran .... .... Writ petitioners /Appellant/s Versus 1. The State Of Bihar 2. The Collector, West Champaran, Bettiah 3. The Sub-Divisional Officer, Bagaha, West Champaran 4. The Deputy Collector, Land Reforms, Bagaha, West Champaran 5. The Circle Officer, Bagaha, West Champaran 6. Osiyar Musahar son of Kashi Musahar 7. Hansa Pasi son of Mohan Pasi 8. Badari Musahar son of Jhakhar Musahar 2 9. Mostt. Sitabiya wife of late Tulsi Pasi 10. Lallan Musahar son of Lakhan Musahar 11. Nand Kishore Paswan son of Umesh Paswan 12. Nathuni Musahar son of Jangali Musahar .... .... Respondent/s with Letters Patent Appeal No. 1150 of 2004 IN (CIVIL WRIT JURISDICTION CASE 12479/2001) ======================================================= 1. Chandrika Musahar son of late Sharwan Musahar 2. Triveni Musahar son of late Chokat Musahar 3. Tara Devi daughter of late Badari Musahar 4. Indal Musahar minor son of late Badari Musahar under the guardianship of Tara Devi sister and natural guardian all resident of village Nadda, Police Station Bagaha, District West champaran, presently residing at village Narwal, Police Station Bagaha, District:-West Champaran .... .... Writ petitioners/ Appellant/s Versus 1. The State Of Bihar 2. The Collector, West Champaran, Bettiah 3. The Sub-Divisional Officer, Bagaha, West Champaran 4. The Deputy Collector, Land Reforms, Bagaha, West Champaran 5. The Circle Officer, Bagaha, West Champaran 6. Samir Musahar son of Nathuni Musahar 7. Faujdar Musahar son of Bauk Musahar 8. Laxman Ram son of Kumar Ram (Bara) 9. Moti Chand Musahar son of Etwar Musahar 10. Badari Musahar son of Jhakhar Musahar 11. Nathuni Musahar son of Jangli Musahar 12. Munar Pasi son of Chhabila Pasi 13. Paki Musahar son of Dhodha Musahar 14. Sita Ram Ram son of Kumar Ram 15. Gobari Ram son of Laxman Ram (Chota) 16. Osiyar Musahar son of Kashi Musahar all are residents of village Narwal, P.S. Bagaha, District West Champaran .... .... Respondent/s ======================================================= 3 Appearance : (In LPA No. 1150 of 2004) For the Appellant/s : Mr. S. S. DVIVEDI, Sr. Adv. Mr. Lakshman Lal Pandey Mr. Rakesh Chandra, Adv. For the Respondent/s : Mr. Najeeb Ahmad, Adv. Mr. Jainul Abedin, Adv. For the State :- Mr. Krishna Kumar, Adv. Mrs. Archana, Adv. Mr. Lalan Kumar, Adv. A.C. to G.P.-26 ======================================================= CORAM: HONOURABLE JUSTICE SMT. T. MEENA KUMARI and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE JUSTICE SMT. T. MEENA KUMARI) These appeals have been filed against the common order dated 29.09.2004 passed in C.W.J.C. No.12323 of 2001, C.W.J.C. No.12479 of 2001 and 12533 of 2001 respectively wherein the appellants have chosen to question the order dated 01.11.1997 to 09.02.2001 passed by the second respondent i.e. the Collector, West Champaran, Bettiah contained in Annexure-1 to the writ petition on the ground that even though the appellants are recorded as raiyats since last 22 years of the disputed khata land, they have not been issued notice. However, the learned Single Judge has not accepted the argument on the ground 4 that they have played fraud and misrepresented to the authorities, hence, dismissed the writ petitions. It has been contended by learned Sr. Counsel appearing on behalf of the appellants that no notice has been issued to the appellant herein at any point of time to decide whether the appellants are raiyat. It is also contended that the provisions of Benami Transaction (Prohibition of right to recover Property) Act, 1988 would not apply in this particular case as the case falls under the provisions of the Bihar Tenancy Act 1885. The learned counsel appearing on behalf of the State has not produced any material before us to show that proper notices have been issued to the appellants herein. Having heard the counsel appearing on behalf of the State as also the unofficial respondents and having gone into the material annexed to these L.P.As, we are in agreement with the argument advanced by the learned Sr. Counsel appearing on behalf of the appellants that no notice was 5 issued by the collector, West Champaran, Bettiah at any point of time. We are also not in-agreement with the contention raised by the learned counsel appearing on behalf of the unofficial respondents that general notice had been issued which should be deemed to have been issued to the appellant herein as the appellants have claimed themselves as a raiyats of the disputed land in particular khata. We are of the opinion that before arriving at any conclusion whether they have played fraud and misrepresentation, a duty is cast upon the Collector, West Champaran, Bettiah to issue individual notice to the persons who claimed themselves to be the raiyat to arrive at an appropriate decision. Under the above circumstances, we set aside the order of the learned Single Judge and remand the matter back to the Collector, West Champaran, Bettiah to hear the matter afresh after issuing notice to all the parties concerned as the Collector has violated the principles of natural justice by not hearing all the appellants herein and shall pass a fresh orders in 6 accordance with law within a period of six months from the date of receipt of the order of this Court. With the above observation and direction these appeals are disposed of. Patna High Court Dated 10th August, 2011 Ashwini/N.A.F.R. (T.Meena Kumari,J.) (Vikash Jain,J.)