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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Mandal Baski, Son of late Badro Baski @ Badro Baski – Appellant
Versus
State of Bihar through the Collector, Kishanganj – Respondent
| Table of Content |
|---|
| 1. petitioner's rights and prior land settlement. (Para 1 , 2) |
| 2. argument regarding right to be heard. (Para 3 , 4) |
| 3. high court's discretion under article 226. (Para 5) |
| 4. natural justice applies to administrative actions. (Para 6 , 7 , 8) |
| 5. court's order of remand and disposal of writ petition. (Para 9 , 10) |
JUDGMENT :
(ALOK KUMAR PANDEY, J.)
In the instant petition, petitioner has prayed for the following relief(s):-
1. That this is an application for issuance of an appropriate writ/ writ(s) or order/order(s) and/ or direction for the following relief/reliefs.
A. To set aside the order dated 08.12.2020 passed by the Collector, Kishanganj in Bandobasti Parcha Cancellation Case No. 55/2018-19 whereby and whereunder the Parcha issued under the Land Settlement Case No. 91/1966-67 in the name of Badri Baski (the father of the petitioner) has been cancelled illegally without any notice and against dead person (Badri Baski).
B. That the petitioner's possession over the land in question (5 Acres 12 decimals, the settled land) be not disturbed till disposal of the present application.
C. To pass such other order/orders or direction as may deem fit and proper to secure the ends of
Natural justice principles require that parties affected by administrative actions be given the opportunity to be heard; failure to do so renders such actions arbitrary and unsustainable.
The court affirmed the necessity of upholding the right to fair hearing and proper consideration of evidence in administrative decisions regarding land ownership.
Under welfare schemes, land inheritance rights require verification of the heirs' current status as landless persons.
The cancellation of the Land Possession Certificate without an opportunity to the petitioner constitutes a violation of the principles of natural justice, warranting the order's reversal.
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