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2008 DIGILAW 83 (JHR)

Ashok Prasad @ Ashok Kumar v. State of Jharkhand

2008-01-29

AMARESHWAR SAHAY

body2008
Order Since common question is involved in both these writ application, they are taken up together and are being disposed of by this common order. 2. In these writ petitions the prayer of the petitioner is to quash the order dated 29.4.2000 passed by the Member, Board of Revenue. Bihar, Patna whereby Revenue Revision Case Nos. 182/1999 and 181/1999 (Annexure-6) filed by the petitioner, was dismissed for default since he did not appear before the Member, Board of Revenue, Patna on the date fixed for hearing. 3. It is stated that the said revision applications were admitted at Ranchi Camp Court by the Member, Board of Revenue on 29.10.1999 and all those cases pertaining to Chhotanagpur used to be heard in the Camp; Court at Ranchi. but the revision applications, which related to the District of Palamau was wrongly dismissed for default on 29.4.2000 at Patna behind the back of the petitioner-and without giving him an opportunity to place his case. 4. Notice was issued by this Court in the present writ petitions on 6.8.2003 particularly on the point as to whether a revision filed by the petitioner which was admitted by the Member, Board of Revenue holding Camp Court at Ranchi, could have been dismissed for default by holding Court at Patna and that too without giving any notice to the petitioner. The State of Jharkhand has not filed any counter affidavit. However, respondent nos.5 & 6 have filed counter affidavit. In the counter affidavit they have not denied the fact that the revision applications filed by the petitioner was dismissed for default at Patna. It is also not denied-that no notice prior to dismissal for default was given to the petitioner. 5. In this view of the matter, I am of the view that the petitioner was denied reasonable opportunity of being heard and, therefore, the order dated 29.4.2000 dismissing the revision applications is completely in violation of principle of natural justice. Accordingly, the same cannot be sustained. Consequently, both these writ application are allowed. The orders dated 29.4.2000 contained in Annexure-6 in both the writ petitions. passed by the. Member, Board of Revenue, Patna are hereby set aside and the Revenue Revision Case No. 181/1999 and Revenue Revision Case No.182/1999 are hereby revived. Accordingly, the same cannot be sustained. Consequently, both these writ application are allowed. The orders dated 29.4.2000 contained in Annexure-6 in both the writ petitions. passed by the. Member, Board of Revenue, Patna are hereby set aside and the Revenue Revision Case No. 181/1999 and Revenue Revision Case No.182/1999 are hereby revived. Now, the matters are required to be considered by the Member, Board of Revenue, Jharkhand, the records of Revenue Revision Case No.181/1999 and Revenue Revision Case No. 182/1999 are hereby directed to be transferred from the Court of the Member, Board of Revenue, Bihar, Patna to the Court of the Member, Board of Revenue of the State of Jharkhand for final disposal. After receipt of the records, all the parties shall be given fresh notices for hearing.