On application of petitioner who did not appear. Court quashed Revenue Member order dated 18.02.2005 for violation of natural justice. Matter remitted for fresh order after issuing notice and providing hearing opportunity.
Impugned order of 18.02.2005 quashed and set aside; matter remitted for fresh order after issuing notice and hearing.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1344 of 2005
Baneshwar Mahto S/o Late Mukund Mahto Resident of Barmesiya, P.O. Barmesiya, P.S. Chandankiyari District Bokaro
… … Petitioner
Versus
E. Sadhan Gope All s/o Late Prahlad Gope Resident of Kherabera P.S. Chandankyari Dist. Bokaro … … Respondents
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : None For the Respondents : Mr. A.K. Sahani, Advocate Mr.Ajit Kumar, Advocate For the State Mr. Sahil, A.C. to S.C. (L&C) ---
12/05.09.2018
“For quashing the order dated 18.02.05 passed by Sri A.K. Mishra a Member of Board of Revenue, Jharkhand in L.C. Revision No. 45/2002 wherein and whereunder the learned Member, Board of Revenue has been pleased to remand the matter to the mother Court i.e. to say D.C.L.R. chass for issuance of necessary orders in accordance with law setting aside the order of the Appellate Court.”
45/2002 was finally dismissed for non prosecution. The application for restoration was filed on 09.07.2004 and from the order sheet it appears that in the matter of restoration, no notice was issued and it was restored vide order dated 07.08.2004 and after restoration of the case, the notices were issued to the petitioner.
(Anubha Rawat Choudhary, J.)
Binit/
2 issues framed by the court
Whether an order restoring a case dismissed for non-prosecution without issuing notice to the party violates principles of natural justice.
Whether a quashing order passed without service of notice can be sustained as valid.
Baneshwar Mahto
State of Jharkhand
Chandranath Singh
Indranath Singh
Members of Board of Revenue, Jharkhand Ranchi
A. Sudhir Gope
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
