Abu Talib @ Abu Kalib vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 597

SANJEEV PRAKASH SHARMA
Abu Talib @ Abu Kalib – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Md. Najmul Hodda.
For the Respondents: Mr. Subash Chandra Yadav.

Sanjeev Prakash Sharma, J.—Heard the parties through video conferencing.

2. The case is being taken up from defect side.

Learned counsel for the petitioners is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

3. Learned counsel appearing for the petitioners submits that the order impugned Annexure-1 dated 23.11.2018 has been passed cancelling the land which was given by way of Bandobasti to the predecessors of the petitioners namely Saiyed Ali, Anisur Rahman, Mujibur Rahman and Habibur Rahman, son of Som Mohammad. All the four persons have expired. No notice was given to the petitioners. The order has been passed against that persons and on the basis of such an order, the order has been further passed on 08.12.2020 as placed on record by the other respondent as Annexure-B in their counter affidavit. Both the orders therefore deserve to be set aside, as they have been passed as against persons who had already died long back. The petitioners have not been given any hearing nor notice has been give to them.

4. Learned counsel appearing for the State submits that the Government l

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