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1966 Supreme(Pat) 185

A.B.N.SINHA, R.L.NARASIMHAM
Mt. Dukho Devi – Appellant
Versus
Uchit Lal Mandal – Respondent


Judgment

1. This is a petition under Article 226 of the Constitution to quash the orders of (1) the Collector of Purnea (Annexure D) dated 4-3-1965 (2) the appellate order of the Commissioner of Bhagalpur (Annexure B) dated 19-7-1965 and (3) the order of the Member Board of Revenue (Annexure E) dated the 22nd September, 1965 In a proceeding under Sec.16 (3) of the Bihar Land Reforms (Fixation of ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) (hereinafter referred to as the Act). The petitioner claims to be a raiyat of current settlement plot No. 262 (old settlement plot No. 232) in village Simaria Ruchdeo in the district of Purnea. On 5-5-1964 he purchased from one Dhanpat for a sum of Rs. 500 two plots namely, new survey plots 877 and 259. The corresponding old settlement plot for the aforesaid two plots is 204. Opposite party No. 1 claims to be a raiyat of new survey plot No. 260 corresponding to old survey plot 281 which is alleged to be adjacent to the said purchased plots. Soon after the purchase, opposite party No. 1 applied to the Collector under Sec.16 (8) (1) of the said Act for transfer to him of the land purchased by the petitioner on the g







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