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2007 Supreme(SC) 367

C.K.THAKKER, LOKESHWAR SINGH PANTA
KUSHESHWAR PRASAD SINGH – Appellant
Versus
STATE OF BIHAR – Respondent


JUDGMENT

C.K. THAKKER, J.

The present appeal is filed by the appellant against the judgment and order passed by the Division Bench of the High Court of Patna on August 13, 1989 by which it dismissed the Letters Patent Appeal No. 1177 of 1998 and confirmed the order passed by a Single Judge on September 24, 1998 in Civil Writ Jurisdiction Case No. 3008 of 1998. Brief facts of the case leading to the present appeal are that a return was filed by the landholder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act). It was alleged that the landholder possessed excess land. A draft statement under Section 10 was issued by the Collector under the Act. The landholder objected to the proceedings and asserted that he did not possess land in excess of ceiling area. An enquiry was made and verification reports were submitted by the Circle Officers (Anchal Adhikaris). The Deputy Collector, Land Reforms, (DCLR) Samastipur, vide his order dated January 07, 1976 upheld the objection of the landholder and recorded a finding that the landholder did not possess surplus land and the proceedings were required to be dropped.







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