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1971 Supreme(Pat) 7

K.B.N.SINGH, U.N.SINHA
Asharfi Sah – Appellant
Versus
Ramnarain Sah – Respondent


Judgment

1. This application has been filed by the petitioner under Articles 226 and 227 of Constitution of India praying that the orders incorporated in Annexures B and C dated the 10th June 1967 and 20th January 1968, respectively be quashed. The order dated the 10th June 1967 had been passed by the Additional Collector in an appeal filed by the respondent opposite party, allowing his appeal and permitting pre-emption of certain land under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. It was held that the respondent opposite party was an adjoining raiyat of certain land vended in favour of the present petitioner and pre-emption was allowed on that footing. The petitioner had thereafter moved the Board of Revenue and the order dated the 20th January, 1968 was the order of the Board dismissing this revision petition. Learned counsel for the petitioner has argued that the order dated 13th May 1967 passed by the Additional Collector indicates that no party had appeared on that day and the case was adjourned to 10th June 1967 for order. It is stated that on 10th June 1967 also no party had appeared and for non-appearance of the appellant b

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