Sudha Devi And Ors vs State Of Bihar And Ors

Heard Mr. Shri Nandan Prasad Singh, learned Counsel for the petitioners and learned Counsel for the State.

The petitioner is aggrieved by the order dated 23.07.1993 passed by the Deputy Collector, Land Reforms, Aurangabad, whereby the demand created

in the name of the petitioner in 1963 vide Annexure-1 has been cancelled on a mere recommendation of the Circle Officer.

The writ petition was admitted for hearing vide order passed on 23.03.1994 and is taken up for hearing today.

Two grounds have been raised by Mr. Singh to question the order, namely:

(a). The order of the Deputy Collector, Land Reforms, Daudnagar, Aurangabad, impugned at Annexure 3, is non-speaking; and

(b). The order is wholly without jurisdiction as no jurisdiction is vested in the Deputy Collector, Land Reforms to cancel the Jamabandi.

Learned Counsel in support of his submissions has relied upon the following judgments:

(i). 1978 BBCJ 323 (Harihar Singh v. AddI. Collector, I/C Land Reforms.)

(ii). 1983 PLJR 727 (Khiru Gope & Ors. v. Land Reforms Deputy Collector, Jamui & Ors.)

(iii). 1990(2) PLJR 819 (D.N.Jatia v. the State of Bihar & Ors.)

(iv). 2005(2) PLJR 381 (Bhola Jha v. the State of Bihar & Ors.)

(v). 2007 (Supp.) PLJR 273 (Suresh Yadav & Ors. v. the State of Bihar & Ors.)

It is unfortunate that though this writ petition is pending for quarter of a Century but no counter affidavit is filed by the State in opposition of the issues

raised. Learned Counsel for the State is also not in a position to contest the stand in view of judicial pronouncement noted above and a bare perusal of

the order impugned would confirm that it is mechanical and does not assign reasons for such cancellation.

For the reasons aforementioned, the order dated 23.07.1993 passed by the Deputy Collector, Land Reforms, Aurangabad in Demand Cancellation

Case No. 14/1992-93 cannot be upheld and is accordingly quashed.

The writ petition is allowed.