IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 1075 of 2009
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Budhan Kumhar ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. Sanjay Kumar Tiwari, Advocate
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3. 4.1.2010
: This writ petition has been filed against the order dated
31.7.2008 passed by the S.D.O., Nagar Untari (Annexure 12) and the
order dated 18.8.2008 passed by the learned Deputy Commissioner,
Garhwa (Annexure 13) cancelling the Jamabandi of the petitioner, on
the ground that it was illegally created in favour of the petitioner.
Learned counsel for the petitioner submitted that no opportunity
of hearing was given to him before passing the impugned orders.
It appears from the said orders that the petitioner was given
notice pursuant to which he filed show-cause and also the documents
in support of his case; and after considering them and also the
relevant records, the said orders were passed; but it does not appear
that petitioner was given opportunity of hearing.
In the circumstances, I am inclined to give opportunity of
hearing to the petitioner.
Accordingly, petitioner is directed to appear along with a copy
of this order before the Deputy Commissioner at 11:00 A.M. on 18
January 2010 who will pass a fresh order after giving opportunity of
hearing to the petitioner as early as possible and preferably within a
period of six weeks from such appearance.
It is made clear that this Court has not gone into the merits of
the case of the petitioner. It is further made clear that if the petitioner
does not cooperate in hearing, ex-parte order can be passed against
him.
With these observations and directions, this writ petition is
disposed of. However, no costs.
(R. K. Merathia, J.)
R. Shekhar Cp 2