SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Pat) 568

PRABHAT KUMAR JHA
Nityanand Sharma – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Satish Kumar Sinha, Advocate
For the Respondent:Ms. Archana Prasad, AC, Mr. Amal Kumar Sinha, Advocate

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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top