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1972 Supreme(Pat) 75

U.N.SINHA, S.SARWAR ALI, K.B.N.SINGH
Bhauri Lal Jain – Appellant
Versus
Sub Divisional Officer – Respondent


Judgment

Sing, J.

1. In these three applications under Articles 226 and 227 of the Constitution, the questions for determination arc almost similar, though not precisely the same. The question of vires of Sections 20 (1) and 42 of the Santal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949--hereinafter referred to as the Act), has been raised in the first two cases, while the question of vires of Sub-section (5) of Sec.20 of the Act, as amended by the Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation I of 1969), has been raised in the third case. On account of the importance of the questions involved, the cases have been referred to a Full Bench, and, with the consent of the parties, these have been heard together and are being disposed of by this judgment.

2. In the first case (C. W. 3. C. No. 1573 of 1970), the order sought to be quashed is an order of the Sub-Divisional Officer, Jamtara, dated the 27th June, 1970 (contained in Annexure 6* to the writ application), holding that the petitioners had illegally and fraudulently occupied the lands belonging to respondent No. 2 and directing their ejectment under Sec. 42 of the Act. In the second case



















































































































































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