High Court Bench directed the Additional Collector, Land Reforms to hold a fresh hearing of the land acquisition appeal after finding the appeal was heard without admission and records were delayed.
Direction to the Additional Collector to hold a fresh hearing of the appeal within one week and maintain petitioner possession.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11107 of 2013
2 24-06-2013 Learned counsel for the petitioners admits that, against the
Patna High Court CWJC No.11107 of 2013 (2) dt.24-06-2013
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order of the Circle Officer, an appeal was preferred before the Additional Collector, Land Reforms which was numbered as Appeal No.5 of 2013. It is said that the said appeal was heard on 28.05.2013 without being admitted. It is also said that the records were called for from the office of District Land Acquisition Officer which was received in the office of Additional Collector on 18.06.2013. It is also said that, although the appeal was pending, the district administration started taking steps for removal of alleged encroachments. He submits that on 18.06.2013 the next date in the appeal was fixed as 29.06.2013, but, later on, they were informed that the date has been preponed as 21.06.2013 for final hearing as appearing from Annexure-8 to the supplementary affidavit. Learned counsel submits that when petitioners appeared before the Additional Collector on 21.06.2013, they were informed that the order is already under preparation. He also submits that even request for supplying the certified copy of the order was not received by the office. This necessitated the petitioner to rush to this Court.
In the circumstances, this writ application is disposed of with a direction to the Additional Collector, Land Reforms, i.e., the Appellate Authority to hold a fresh hearing of the appeal within one week from the date of receipt/production of this order
Patna High Court CWJC No.11107 of 2013 (2) dt.24-06-2013
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in which he shall allow the petitioners to produce any further documents, if necessary, in respect of their case. Petitioners shall also be at liberty to file written notes of argument before the Additional Collector. Thereafter the Additional Collector shall reserve the appeal for orders and dispose of the appeal by a speaking order dealing with all the submissions made on behalf of the petitioners in written notes of arguments and after considering all the documents filed on their behalf in the appeal.
Till such steps are taken by the Additional Collector and thereafter final orders are passed by him, the petitioners’ possession or their constructions on the plot shall not be disturbed.
(Jayanandan Singh, J)
Arvind/-
1 issue framed by the court
Whether the additional collector should hold a fresh hearing of the appeal in light of procedural irregularities.
Daizy Devi
Meena Devi
Surendra Kumar Singh
Sangita Devi
Archana Kumari
Sunita Devi
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
