IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5123 of 2003 1. BHIKAM CHAND DAFTARI, S/O LATE RIDDH KARAN DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 2. MR. MADAN CHAND PINCHA, S/O LATE HANSRAJ PINCHA, R/O NEM CHAND ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 3. MR. JAI KARAN DAFTARI, S/O SRI BHIKAM CHAND DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 4. MR. VIJAY KUMAR KISHOREPURIA, S/O SRI SAGAR MAL KISHOREPURIA, R/O NEM CHAND ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 5. MR. RAJ KARAN DAFTARI, S/O SRI BHIKAM CHAND DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 6. MR. HARISH KUMAR MODI, S/O SRI MAHABIR PRASAD MODI, R/O NEM CHAND ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 7. MRS. KANTA DEVI DAFTARI, W/O SRI BHIKAM CHAND DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 8. MR. SUNIL KUMAR DAFTARI, S/O SRI JAI KARAN DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 9. MR. DHANRAJ PINCHA, S/O LATE HANSRAJ PINCHA, R/O NEM CHAND ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 10.MR. MANISH KUMAR DAFTARI, S/O SRI RAJ KARAN DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 11.MR. VIJAY KARAN DAFTARI, S/O SRI BHIKAM CHAND DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 12.MRS. RATNI DEVI DAFTARI, W/O SRI JAI KARAN DAFTARI, R/O BHAGAT TOLI ROAD, P.S./TOWN/DISTRICT-KISHANGANJ. 13.MRS. SARLA DEVI TOSHNIWAL, W/O SRI JAGAL KISHORE TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 14.MRS. KUSUM TOSHNIWAL, W/O SRI LALIT KUMAR TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 15.MR. JUGAL KISHORE TOSHNIWAL, S/O LATE BHAWAR LAL TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 16.MRS. KAVITA TOSHNIWAL, W/O SRI RAJENDRA TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 17.MR. SURENDRA KUMAR TOSHNIWAL, S/O SRI JUGAL KISHORE TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 2 18.MR. LALIT KUMAR TOSHNIWAL, S/O SRI PURAN CHAND TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 19.MR. NEMI CHAND TOSHNIWAL, S/O LATE LADURAM TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 20.MR. PURAN CHAND TOSHNIWAL, S/O LATE LADURAM TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 21.MRS. ANURADHA TOSHNIWAL, W/O SRI NEMI CHAND TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 22.MR. PRADEEP TOSHNIWAL, S/O SRI PURAN CHAND TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 23.MRS. KIRAN LATA, W/O SRI PURAN CHAND TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 24.MR. VISHNU GOPAL TOSHNIWAL, S/O SRI NEMI CHAND TOSHNIWAL, R/O PURAB PALLY, P.S./TOWN/DISTRICT-KISHANGANJ. 25.MR. PAPPU KUMAR, S/O SRI UMA KANT SINGH, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT- KISHANGANJ. 26.MR. PRAMOD KUMAR, S/O SRI ANIRUDH SINGH, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT- KISHANGANJ. 27.MR. DILIP KUMAR, S/O SRI RAMANAND SINGH, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT- KISHANGANJ. 28.MR. AJAY KUMAR, S/O SRI RAMANAND SINGH, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT- KISHANGANJ. 29.MR. BINAY KUMAR SINGH, S/O SRI ANIRUDH SINGH, THAKURGANJ ANCHAL, P.S.-GALGALIA, TOWN/DISTRICT-KISHANGANJ. 30.MRS. SHUKLA GHOSH, W/O SRI KAMAL GHOSH, KUKUR BAGHI, THAKURGANJ ANCHAL, P.S.- GALGALIA, TOWN/DISTRICT-KISHANGANJ. 31.MR. KAMAL GHOSH, S/O LATE KALA CHAND GHOSH, KUKUR BAGHI, P.S.-GALGALIA, TOWN/DISTRICT-KISHANGANJ. 32.MR. ANAND CHAND GHOSH, S/O LATE HARKISHAN GHOSH, KATHAL BARI, THAKURGANJ, P.S.- GALGALIA, TOWN/DISTRICT-KISHANGANJ. 33.MR. BISHWAJIT GHOSH, S/O SRI ANAND CHAND GHOSH, KATHAL BARI, P.S.-GALGALIA, TOWN/DISTRICT-KISHANGANJ. 34.MR. SUNIL DUTTA, S/O LATE MAHENDRA CHANDRA GHOSH, KATHAL BARI, P.S.-GALGALIA, TOWN/DISTRICT-KISHANGANJ. 35.MR. RANJEET DAS, S/O LATE NAVIN DAS, KATHAL BARI, P.S.-GALGALIA, TOWN/DISTRICT- KISHANGANJ. 3 36. MRS. KAVITA AGRAWALA, W/O SRI SANJAY AGRAWALA, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT-KISHANGANJ. 37.MR. SANJAY KUMAR GOEL, S/O LATE RAM CHANDRA GOEL, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT-KISHANGANJ. 38.MR. SANDEEP AGRAWALA, S/O SRI JAGDISH AGRAWALA, MOHALLA AND P.S.-THAKURGANJ, TOWN/DISTRICT-KISHANGANJ. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT COLLECTOR/DISRICT MAGISTRATE, DISTRICT OF KISHANGANJ, KISHANGANJ, BIHAR. 4. THE DEPUTY COLLECTOR, DISTRICT REVENUE OFFICE, DISTRICT OF KISHANGANJ, KISHANGANJ, BIHAR. 5. THE CIRCLE OFFICER, POTHIA, DISTRICT- KISHANGANJ, BIHAR. 6. THE CIRCLE OFFICER, THAKURGANJ, DISTRICT- THAKURGANJ, BIHAR. ………………RESPONDENTS. ----------- 10 30.06.2010 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsels for the parties have advanced arguments on the facts and merits of the case. But during the course of arguments learned counsels accepted that before passing of the impugned order no notice was served to the petitioners and they were not given opportunity to be heard. Since the registered lease of land for cultivation of tea, purported to be under the Industrial Policy of 1995, was cancelled by the impugned order of the Collector dated 25.04.2003, 4 apparently, it entail adverse civil consequences on the petitioners for which they were not given opportunity to be heard. Mr. Sinha in all fairness submitted that it may be appropriate that the matter may be reheard by any authority of the Government and a fresh order may be passed. This Court went through the said order dated 25.04.2003 of the Collector, as contained in Annexure-5, and did not find that at any point of time petitioners were noticed and/or heard in the matter. The order of cancellation appears to have been passed on the basis of some fax message of the Deputy Secretary, Revenue and Land Reforms Department dated 24.04.2003. There is nothing in the counter affidavit and supplementary counter affidavit to show that the Department had given any opportunity to the petitioners in the matter before issuing the order of cancellation of lease as contained in Annexure-6. The matter was earlier heard by a Bench of this Court on 06.01.2004 and while granting time to the respondents counsel to seek instruction and file counter affidavit, the parties were directed to maintain status 5 quo as existing on that date till the next date of hearing. In view of the above position, this Court feels it appropriate that the matter be remitted back to the Industries Development Commissioner, Department of Industries, Government of Bihar. He is directed to give opportunity to the petitioners or their representatives to be heard within two months from the date of receipt/production of a copy of this order and thereafter, pass reasoned orders afresh. Till the fresh orders are passed status quo as existing today shall be maintained by the parties. For fresh consideration of the matter by the Industrial Development Commissioner the order of the Collector, as contained in Annexure-5, and consequential notices, as contained in Annexure-6 series, shall be treated to be kept in abeyance and the Industries Development Commissioner shall not be swayed away by the said order in any manner. Petitioners are directed to file a representation before the Industries Development Commissioner with a copy of this order within two weeks from today upon which the Industries Development Commissioner shall 6 fix a firm date within two months for their appearance and hearing. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)