Patel Seva Sadan, Rajgir, Nalanda & Ors. Vs. The Addl. Member, Board of Revenue, Bihar, Patna & Ors.
EmailAppeal: Civil Appeal No. of 1987.
(Arising out of Special Leave Petition (C) No. 12960 of 1986)
(Arising out of Special Leave Petition (C) No. 12960 of 1986)
Petitioner: Patel Seva Sadan, Rajgir, Nalanda & Ors.
Respondent: The Addl. Member, Board of Revenue, Bihar, Patna & Ors.
Apeal: Civil Appeal No. of 1987.
(Arising out of Special Leave Petition (C) No. 12960 of 1986)
(Arising out of Special Leave Petition (C) No. 12960 of 1986)
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Mar 04, 1987
Head Note:
CONSTITUTION OF INDIA, 1950 :
Art. 136 – Material on record not adequate – parties given opportunity to lead further evidence.
JUDGEMENT:
ORDER
1. Special Leave granted. Heard both the sides.
2. Having taken into consideration all the relevant circumstances of the case, we find that the material on record is not adequate and the parties should be given opportunity to lead further evidence. We, therefore, allow the appeal, set aside the orders of the High Court and the Board of Revenue and remit the matter back to the Collector, Land Reforms, District Nalanda for fresh disposal in accordance with law.
3. The appeal is disposed of accordingly. There will be no order as to costs.
Appeal allowed.
1. Special Leave granted. Heard both the sides.
2. Having taken into consideration all the relevant circumstances of the case, we find that the material on record is not adequate and the parties should be given opportunity to lead further evidence. We, therefore, allow the appeal, set aside the orders of the High Court and the Board of Revenue and remit the matter back to the Collector, Land Reforms, District Nalanda for fresh disposal in accordance with law.
3. The appeal is disposed of accordingly. There will be no order as to costs.
Appeal allowed.
