IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12168 OF 2009 MANGANE MOCHI @ MANGANE RAM & PRABHU RAM BOTH S/O LATE BHOLAI MOCHI, MANDA ERAZI, NAVTOLI MAHINDWAR, TULAPATGANJ, ANDHRA THARHI, MADHUBANI. VERSUS (1) THE STATE OF BIHAR (2) THE COLLECTOR MADHUBANI (3) THE ADDL COLLECTOR MADHUBANI (4) THE ANCHAL ADHIKARI, ANDHRA THARHI, MADHUBANI (5) BIHAR BHOODAN YAGNA COMMITTEE, BIHAR (6) THE KARYALAYA MANTRI, DISTRICT BHOODAN YAGNA KARYALAYA, MADHUBANI. ----------- 2 11.09.2009. Heard learned counsel for the petitioners, respondent numbers 5 & 6, and the State. The petitioners pray for quashing letter dated 15.4.2009 passed by office of respondent no. 6 by which the land given in favour of the father of petitioner under Bhoodan Act had been cancelled. The petitioners submits that the land in question could be cancelled only after compliance of section 21 of the Bihar Bhoodan Yagna Act, 1954. Such land can be cancelled, if the beneficiary contravenes any restriction or condition imposed under the Act or under the certificate by which land has been granted. Furthermore the Revenue officer can cancel such grant only after receipt of report of the Committee and that too after giving an opportunity of hearing the petitioner as the impugned action entails civil consequence to the extent of depravation of his property. From the perusal of the record of the case, it appears that no opportunity of hearing was given to the petitioner by respondent no.6 before passing the impugned order dated 15.4.2009. As such, the same is set aside. - 2 - It would be open to the authorities that if they find it so expedient, they may proceed in accordance with law. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).