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.