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september 2008

Supreme Court of India · 2008-09-03

Kamal Krishan Rastogi & Ors vs State Of Bihar & Anr

Citation / case number
AIR 2009 SUPREME COURT 1182
Court
Supreme Court of India
Petitioner
Kamal Krishan Rastogi & Ors
Respondent
State Of Bihar & Anr
Author
Aftab Alam
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court ruled that the reopening of land ceiling proceedings under Section 45-B of the Bihar Land Reforms Act, 1961, without providing notice or an opportunity to the land-holder, Sarju Madhav Rastogi, violated principles of natural justice. The Court emphasized that due process must be followed in administrative actions affecting rights, leading to the conclusion that the proceedings initiated post-reopening were invalid. Consequently, the Court set aside the orders made after the reopening of the proceedings, reinforcing the necessity of fair hearing in administrative matters.

Kamal Krishan Rastogi & Ors vs State Of Bihar & Anr · Niyam