DADAN RAM AND ORS. versus STATE OF BIHAR AND ORS.

DADAN RAM AND ORS. versus STATE OF BIHAR AND ORS.

Before re-opening a concluded issue under Section 45-B of the Bihar Land Reforms Act, it is mandatory to issue notice and provide an opportunity of hearing to the parties in possession, i.e., parcha holders, as the proceedings are quasi-judicial and rights may be affected.

Parties
Appellants: Dadan Ram and Ors.; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
23 November 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal partly allowed; orders of High Court set aside.
Legal Topics
Land Ceiling, Natural Justice, Procedure Under Section 45 B, Hearing Rights, Distribution of Surplus Land
Land Law Land Ceiling Natural Justice Procedure Under Section 45 B Hearing Rights Distribution of Surplus Land

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Parties

Dadan Ram and Ors.

Appellants

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether parcha holders in possession are entitled to notice and opportunity of hearing when a case under Section 45-B of Bihar Land Reforms Act is re-opened

Ratio Decidendi

Before re-opening a concluded issue under Section 45-B of the Bihar Land Reforms Act, it is mandatory to issue notice and provide an opportunity of hearing to the parties in possession, i.e., parcha holders, as the proceedings are quasi-judicial and rights may be affected.

Court Disposition

Appeal partly allowed; orders of High Court set aside.

Orders

  • State Government is free to pass fresh order under Section 45-B after affording opportunity to all parties including appellants.
  • No costs ordered.