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1976 Supreme(Pat) 39

SHAMBHU PRASAD SINGH, NAGENDRA PRASAD SINGH
Kailash Pati Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

NAGENDRA PRASAD SINGH, J.

1. This writ application under Arts.226 and 227 of the Constitution of India has been filed on behalf of the petitioner for quashing a notice, dated the 30th September, 1975, issued to the petitioner by the respondent Deputy Collector Incharge Land Reforms, Dinapur (hereinafter referred to as the `D.C.L.R.), in purported exercise of powers conferred on him under Sec.12 of the Bihar Money-Lenders Act, 1974 (hereinafter referred to as the `Act), read with Rule 10 (3) of the Bihar Money-Lenders Rules, 1975 (hereinafter referred to as the `Rules) directing the petitioner to show cause by the 6th October, 1975, as to why respondent No. 3 should not be put in possession of the lands which had been mortgaged in favour of the petitioner. A copy of the said notice is Annexure `2 to the writ application.

2. On the 29th October, 1975, a rule was issued by this Court to the respondents to show cause and it was ordered that, during the pendency of the writ application, further proceedings before the respondent D.C.L.R. shall remain stayed.

3. According to the petitioner, the father of respondent No. 3 required money as loan from the petitioner, who is a registe

































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