1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2244 of 2005 SHARIFAN NISA & ORS Versus THE STATE OF BIHAR & ORS ----------- 05 08.07.2008 The petitioners to this writ petition claim that they are descendants of Sikimidar. They challenged the order passed in terms of Section 48 D of the B.T. Act. In favour of the private Respondent Nos. 4 to 8, wherein, they have been declared raiyat in respect of the same land pursuant to their alleged purchase of Sikimi rights from the ancestors of the petitioners. Against the order passed in terms of Section 48 D of the B.T. Act, in favour of the private respondents belated appeal was filed by the petitioners, which was not entertained. Petitioners assert that they were not made a party to the proceedings nor they were noticed. Petitioners submit that Sikimi rights are not transferable, though, inheritable. Thus, the transfers in favour of the private respondents was itself bad especially or they have brought nothing on record to show that transfers were customary. It is further submitted that even the lands have been recorded as a homestead land, as such, Section 48 D of the B.T. Act would not apply. Private Respondent Nos. 4 to 8 have 2 appeared but they have chosen not to file a counter affidavit. Learned counsels have been heard and with the consent of all counsels the matter is being disposed of at the stage of admission itself. The ordersheet of the Circle Officer would show that notices were only issued to a land holder not to the Sikimidar or persons claiming thereunder. Petitioners were as such not noticed, at all, much less, granted an opportunity of hearing. This in my view is sufficient to vitiate the original order and once that goes the appellate order also becomes non est. As petitioners were necessary party to the proceedings passing an order in their absence renders the order void and non est. I hold so. The orders impugned and the appellate order is set aside and the matter is remanded to the Circle Officer, Kochadhaman district Kishanganj for reconsideration, after notice to all the parties. The writ petition is, thus, stands allowed. Trivedi/ (Navaniti Prasad Singh,J.) 3