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1976 Supreme(Pat) 77

S.K.CHOUDHURI, HARI LAL AGRAWAL
Shree Alok Kumar Agrawal – Appellant
Versus
State Of Bihar – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. This Miscellaneous Appeal filed under Sec.11 of the Bihar Public Land Encroachment Act (Act 15 of 1956), is against an order dated the 9th of January, 1976, of the Sub-divisional Magistrate, Begusarai. When it was placed before us under the heading "Under Order 41, Rule 11, Civil Procedure Code", a question arose as to whether the appeal would still lie to this court in view of the Bihar Public Land Encroachment (Amendment) Ordinance, 1975 (Bihar Ordinance No. 210 of 1975), by which the old Sec.11 providing for appeals has been substituted by a new section, thereby taking away the appellate jurisdiction of this Court.

2. According to the old Sec.11, an appeal against the final order of the Collector of a district lay to the High Court if the valuation of the subject-matter was Rs. 10,000.00 or above, and in other cases, to the District Judge. According to the amendment brought in by the Ordinance an appeal has now been provided to the Collector of the district if the order in question is passed by any officer other than the Collector, and to the Commissioner of the Division, if such an order is passed by the Collector of the District. The Ordinance i

























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