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september 2008

Supreme Court of India · 2008-09-03

KAMAL KRISHAN RASTOGI vs STATE OF BIHAR

Citation / case number
SC 2001/10378
Court
Supreme Court of India
Petitioner
KAMAL KRISHAN RASTOGI
Respondent
STATE OF BIHAR
Author
AFTAB ALAM
Bench
TARUN CHATTERJEE,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court addressed the reopening of land ceiling proceedings under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, emphasizing the necessity of providing notice and an opportunity to be heard to the land-holder, Sarju Madhav Rastogi, before such action. The Court held that the Collector's order to reopen the proceedings without notice was invalid, thereby reinforcing the principles of natural justice. Consequently, the proceedings were quashed, and the earlier findings regarding the land-holder's entitlement were restored.

KAMAL KRISHAN RASTOGI vs STATE OF BIHAR · Niyam