- (1.) THE present petitioners by way of filing this petition under Article 226 of the Constitution of India have prayed for quashing of the order dated 01.07.2009/08.07.passed by the Circle Officer, Nawadih in Case No. - 6 of 2009 -10 whereby the Jamabandi standing in the name of the petitioners and their ancestors has been cancelled and in place thereof a fresh Basgit Purcha (Fresh Jamabandi) has been opened in the name of the Respondent No. - 7 in respect of 0.04 decimals of lands of village Junodih under Khatyan Nos. - 24, 15, 44 plot Nos. - 666,667 and 670 on the basis of the report of Revenue Karmachari.
(2.) HEARD the leaned counsel appearing for the petitioners as well as the respondents. Perused the impugned order and the materials placed on records. The main question which arises for consideration in the present petition is as to whether requisite procedure prescribed in the Bihar Privileged Persons Homestead Tenancy Act and Rules has been followed before taking decision in the matter or not?
(3.) THE leaned counsel appearing for the petitioners by referring rule - 5 of the Bihar Privileged Persons Homestead Tenancy Rules, 1948 pointed out that the procedure, as prescribed under rule - 5, is required to be followed and the Enquiry Officer is required to issue notice to the petitioners, as prescribed under the said rule. In the instant case, according to him, no such notice was ever served upon the petitioners and therefore, the order passed by the Circle Officer is clear in contravention of the said rule as well as the principle of natural justice.;