IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7793 of 2002 KAUSHLENDRA KUMAR SINGH, Son of Sri Rajkishore Prasad Singh, resident of village-Sadanandpur, Police Station- Ballia, District-Begusarai……Petitioner. With CWJC No.4590 of 2002 ANAND MOHAN PRASAD SINGH, S/o late Kapildeo Narayan Singh, resident of village- Sadanandpur, P.S. Ballia, District-Begusarai…….Petitioner. Versus 1. THE STATE OF BIHAR 2. Sub Divisional Officer, Ballia, Begusarai. 3. Land Reforms, Deputy Collector, Ballia, Begusarai 4. Anchal Adhikari, Sahebpur Kamal, Begusarai 5. Sri Manoranjan Choudhary, son of Ramdeo Choudhary, resident of village-Diha, P.O. Sadpur, District-Begusarai. …………….(Respondents in both writ applications) 6. Sri Kishore Prasad Singh, son of late Ram Keshwar Prasad Singh, 7. Shiv Prasad Singh, son of late Balkeshwar Prasad Singh, Both resident of Shankar Bhavan, village, Sadanandpur, P.S. Ballia, District-Begusarai (respondents in C.W.J.C. No. 4590/02) For the petitioner: Mr. Surya Bhushan Pd. Singh Mr. Nand Bansh Nr. Singh For the petitioner: Mr. Ashok Kumar Choudhary For the Respondent No. 5 : Mr. Shiv Nandan Roy (in both cases) For the state : Mr. Anwar Karim, A.C. to S.C.V 7. 17.04.2009 Heard learned counsel for the petitioner and the counsel appearing for the state as well as respondents. Petitioners in both the writ applications have prayed for quashing the entire proceeding of Jamabandi Creation Case No. 02/1988-89 (Sahebpur Kamal Anchal, District-Begusarai) as well as orders dated 21.9.1998 passed by Circle Officer, Sahebpur Kamal, Begusarai, order dated 10.7.2001 passed by DCLR, Ballia and the order dated 11.8.2001 passed by Sub Divisional Officer, Ballia. Further prayer is for quashing the rent 2 roll prepared in the name of respondent No. 5 in pursuance of impugned orders. One of the grounds taken by the petitioners for quashing the impugned orders is that it has been passed in violation of rule of natural justice. Petitioners were neither impleaded as party nor noticed at any stage either by the Circle Officer, DCLR or the Sub Divisional Officer. In C.W.J.C. No. 4590 of 2002, objection filed by one , Rajkishore Singh father of petitioner, Kaushlendra Kumar Singh (in C.W.J.C. No. 7793 of 2002) in Jamabandi Creation Case No. 02/88-89 has been annexed as Annexure-5. From this objection, it is apparent that notice was not issued to the petitioner, Anand Mohan Prasad Singh and Kaushalendra Kumar Singh rather it was issued to Raj Kishore Singh & Others. Raj Kishsore Singh was not raiyat of these lands which were subject matter of Jamabandi case. He was not in possession of these lands as such, in the objection petition, in paragraph-8, he has clearly stated that in register-II, his name is not shown as raiyat as such, notices be issued to the proper parties who are raiyats. There is nothing to show either in the counter affidavit or any document on record, in support of this fact that in spite of this objection, any notices were issued to the petitioners or they were impleaded as party. It is not necessary to go into the merit of the Case for the reason that entire proceeding has been conducted in absence of the petitioners and in violation of rule of natural 3 justice. All three orders passed by the authorities in Jamabandi Creation Case No. 02/1988-89 are quashed. The rent roll prepared in the name of respondent No. 5 on the basis of impugned orders is also quashed. The matter is remanded back to the Circle Officer, Sahebpur Kamal, Begusarai. The respondent No. 4 will issue notice to the petitioners , respondents and all necessary parties, only thereafter the proceeding will be conducted and order be passed in accordance with law. This writ application is, accordingly, disposed of. AKV/ ( Mridula Mishra, J )