Mahesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16725 of 2022 ====================================================== Mahesh Kumar Singh Son of Late Bindeshwar Singh, Resident of Village Batlohiya, P.S.- Pandaul, District- Madhubani, presently Residing at- Pandaul West, Near Hospital Gate, Mohalla- Durga Sthan Market, P.O. and P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Revenue Department, Govt. of Bihar, Patna.

2.

The Collector, Madhubani.

3.

The Sub-Divisional Officer, Madhubani.

4.

The Circle Officer, Circle Pandaul, District- Madhubani. 5.

The Circle Inspector, Circle Pandaul, District- Madhubani. 6.

The Karamchari District- Madhubani.

7.

The Managing Director, Bihar Industrial Area, Development Authority, First Floor, UDYOG, Bhavan BIADA, East Gandhi Maidan, Patna, Bihar800004. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradeep Kumar Singh, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 For the BIADA : Mr. Ujjawal bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the BIADA.

2. The present writ petition has been filed for quashing the order dated 26.07.2022 passed in Mutation Case No. 709/2022-23 (Annexure-8) passed by the Circle Officer, Circle Pandaul, District- Madhubani (Respondent No. 4) and the Respondent No. 4 has mutated the land in question of the petitioner in the name of Managing Director, Bihar Industrial

Patna High Court CWJC No.16725 of 2022(4) dt.30-09-2024 2/2 Area Development Authority (respondent no. 7) (hereinafter referred to as "BIADA").

3. Learned counsel for the petitioner submits that without issuing the notice to the petitioner, the Respondent No. 4 has issued the order dated 26.07.2022 without following the principle of natural justice.

4. In view of the aforesaid, the order dated 26.07.2022 passed in Mutation Case No. 709/2022-23 (Annexure-8) is hereby set aside and the matter is remanded back to the Respondent No. 4 to issue a fresh order in accordance with law after hearing the petitioner in accordance with law.

5. The writ petition stands allowed.

(Rajesh Kumar Verma, J) Ibrar//- U