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1970 Supreme(SC) 131

V.BHARGAVA, C.A.VAIDIALINGAM, S.M.SIKRI
Maheshwari Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates:
For the Appellant :Rajnesh Oswal, Advocate
For the Respondents: Salim Malik, Dy. A.G.

Judgment

SIKRI, J.:- This appeal by special leave is directed against the judgment of the Patna High Court dismissing the petitioner under Articles 226 and 227 of the Constitution filed by the appellants before us. The Revenue authorities had annulled a settlement made in favour of the appellant, in exercise of the powers conferred by clause (h) of Section 4 of the Bihar Land Reforms Act, 1950, hereinafter referred to as the Act. Three orders were sought to be quashed by this petition: (1) order dated May 24, 1961 passed by the Additional Collector Bhagalpur, (2) order dated November 28, 1962, passed by the Commissioner, Bhagalpur Division; and (3) order dated November 3/6, 1961, passed by the Government of Bihar.

2. The learned Counsel for the appellants has raised three points before us: (1) The order of the Additional Collector, dated May 24, 1961, whereby he set aside the settlement made in favour of the appellants predecessors, having been passed without hearing the appellants, under Section 4 (h) of the Act, was without jurisdiction and void; (2) the appeal to the Collector against the order of the Additional Collector, dated May 24, 1961, was not barred by time inasmuch as th















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