PRABHAT KUMAR JHA
Nityanand Sharma – Appellant
Versus
State Of Bihar – Respondent
ORDER :
1. Heard both sides.
2. Petitioner filed this writ petition for quashing order dated 08.07.2019 (Annexure 2) passed by the Additional Collector, Kishanganj initiating a proceeding for cancellation of jamabandi standing in the name of the petitioner and for quashing the notice (Annexure 3) issued pursuant to the order dated 08.07.2019.
3. The petitioner assailed the order on the ground that the Additional Collector has not recorded his satisfaction for holding an enquiry that the jamabandi standing in the name of the petitioner is created in violation of any law or the circular issued thereupon. For initiation of enquiry, the satisfaction of the Additional Collector is a sine-qua-non and unless the Additional Collector recorded his satisfaction, the order initiating a proceeding for cancellation of jamabandi and notice issued thereupon are illegal, fake and fit to be set aside.
4. On the other hand, learned counsel for the respondent State contended that simple notice was issued and the writ petition is premature.
5. The only question arises for consideration whether the Additional Collector is vested with power to initiate a proceeding for cancellation of jamabandi without recor
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.