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1971 Supreme(Pat) 41

K.B.N.SINGH, U.N.SINHA
Nasiruddin – Appellant
Versus
State Of Bihar – Respondent


Judgment

U.N.Sinha, J.

1. The petitioner has filed this application under Articles 226 and 227 of the Constitution of India praying for the following reliefs:-

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(a) That the Government orders dated the 2nd April, 1970 and 1st July, 1970 be quashed and the dispossession of the petitioner from the Kedarnath Market during currency of his lease be declared void and be set aside.

(b) That the authorities be directed to restore the petitioners possession over the market at once.

(c) Any other reliefs which the petitioner is entitled may be granted to him.

A copy of the order dated the 2nd April, 1970 has been given as Annexure 4 of the application and a copy of the other order said to be dated the 1st July, 1970 has been given as Annexure 5. (The date of Annexure 5 is not very clear, as the order may have been passed earlier, that is to say, the 30th June. 1970.]

2. The relevant facts are as follows:-

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It is said that there is a fruit and vegetable market within the municipal area of Gaya Municipality, which is known as Kedarnath Market. This market is annually leased out by the Municipality, by auction, to the highest bidder. On the 4th March, 1970, the Special Officer of the Municipal



















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