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1965 Supreme(Pat) 6

G.N.PRASAD, R.L.NARASIMHAM
Bibi Khairun Nisa – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Miscellaneous Judicial Cases Nos. 705, 706 and 707 of 1961 are disposed of in one judgment. In these petitions under Articles 226 and 227 of the Constitution the order of the Additional Collector of Bhagalpur setting aside the order patted by the Land Reforms Deputy Collector and directing the re-hearing of the matter after giving notice to the parties and taking evidence in their presence is under challenge. During the course of the settlement proceedings in village Bhai Gaon in the district of Bhagalpur a draft record of right was prepared and the Block Development Officer directed that the petitioners name should be recorded notwithstanding the objection raised by opposite parties Nos. 3 and 4 in respect of the khatas in dispute. On appeal, the Land Reforms Deputy Collector upheld the order of the Block Development Officer. The dispute was then taken up before the Additional Collector and it was registered as a miscellaneous revision. The learned Collector observed that the lower court has not dealt with the documentary evidence produced by the appellant before him (here opposite parties 3 and 4) and hence he remanded the case for re-hearing for taking evidence produc







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