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1971 Supreme(SC) 7

A. N. GROVER, K. S. HEGDE, J. C. SHAH
Rukumanand Bairoliya – Appellant
Versus
State Of Bihar – Respondent


Judgment

GROVER, J.: This is an appeal by certificate from a judgment of the Patna High Court by which a petition under Articles 226 and 227 of the Constitution filed by the appellant was dismissed.

2. The disputed land belonged originally to one Anwar Ali Khan. His heirs gifted it to Mustaque Ali Khan. It was recorded as Ghairmazrua orchard. Mustaque Ali Khan settled this land and some other land with Mohini Devi, the mother of the appellant, by a registered patta dated June 19, 1946 on annual rental of Rs. 236/8/6 for the construction of houses thereon which could be rented out. The estate of Mustaque Ali Khan vested in the State of Bihar under the Bihar Land Reforms Act, 1950, hereinafter called the "Act". Mohini Devi created a trust in the name of her deceased husband of which the appellant was the Secretary. The disputed land continued to remain in his possession in that capacity. In 1956-57 proceedings were started for the acquisition of the disputed land for extension of the Darbhanga Medical College. An amount of Rs 12,689/2/- was assessed as compensation for the property which had been acquired and an award was made in the joint names of the appellant and the State of Bihar.







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