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1957 Supreme(Pat) 169

RAJ KISHORE PRASAD, V.RAMASWAMI
Bhola Mian – Appellant
Versus
Sri. S. M. Islam – Respondent


Judgment

1. In this case the petitioner, Bhola Mian, has taken by a registered lease, dated the 10th November, 1951, the right of holding bazar on plots Nos. 689 and 690, which were orchard or bakasht land of the proprietors of the zamindari. The lease was for a period of seven years ending with December, 1957, but by virtue of a notification under Sec.3-A of the Bihar Land Reforms Act the zamindari vested in the State Government in January, 1956.

The petitioner alleges that on the 2nd of April, 1956, the Sub-divisional Officer, opposite party No. 1, ordered that the settlement made with the petitioner by the ex-landlords free of rent could not be recognized and that the right of holding the hat on the disputed plots had vested in the State Government by virtue of the notification made under Sec.3-A of the Bihar Land Reforms Act. By a subsequent order dated the 2nd of April, 1956, the Collector of Bhagalpur directed that steps should be taken for settlement of the hat and the orchard. Against these orders, the petitioner has sought a writ in the High Court under Article 226 of the Constitution for calling up and quashing these orders.

2. The argument addressed on behalf of the petit




































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