Praduman Sharma And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.201 of 2018 ====================================================== 1.

Praduman Sharma and Ors S/o Late Harihar Sharma 2.

Anil Sharma @ Anil Kumar Sharma S/o Late Doman Prasad Sharma 3.

Parmanand Sharma S/o Late Ram Prasad Sharma 4.

Sita Ram Sharma S/o Late Laljee Sharma All residents of village - Balia, P.S. - Rupouli, District - Purnea. Petitioner No. 2 at present residing at Balia Basa Bhalwahi, P.S. Udakishunganj, District - Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Sub-Divisional Officer, Dhamdaha, P.S. Dhamdaha, District - Purnea. 3.

Circle Officer/Anchal Adhikari, Rupouli, P.S. Rupouli, District - Purnea. 4.

Kasturi Sharma S/o Fulchand Sharma resident of Village - Balia, P.S. - Rupouli, District - Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binoy Kumar Singh For the Respondent/s :

Mr.Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-08-2022 Learned counsel for the petitioner is directed to file an Interlocutory Application within a week for adding the respondents who were parties before the BLT in the present writ application.

Put up this case after two weeks.

Notice has been validly served.

No one appear for the private respondent on earlier occasion in this Court. On that date it has been submitted by learned counsel for the petitioner that the order has been passed without hearing the petitioners and they should get one last

Patna High Court CWJC No.201 of 2018(4) dt.24-08-2022 2/2 chance to represent their case. It has been submitted that Vakalatnama was filed by the petitioners but on the date of hearing, they were not represented and therefore, the order was passed without hearing them.

Heard the parties.

In the interest of justice, the petitioner should get one last chance who have been heard before the tribunal and thereafter the tribunal should pass the impugned order. The order of the tribunal dated 01.03.2016 passed in BLT No. 416 of 2013 by Bihar Land Tribunal, Patna is set aside and the matter is remitted back to the Bihar Land Tribunal, Patna for passing a fresh order order in accordance with law. The order will pass after hearing both the sides. The tribunal will consider all the submissions of the parties and will decide in the matter.

With the aforesaid observations and direction, this application is allowed.

(Sandeep Kumar, J) guddu/- U