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1977 Supreme(Pat) 120

S.ALI AHMAD, S.K.JHA
Nirendra Kumar Bose And Another – Appellant
Versus
District Magistrate – Respondent


Judgment

S.K.JHA, J.

1. In this application under Arts. 226 and 227 of the Constitution of India, the petitioners have prayed for issuance of an appropriate writ quashing the order of attachment and sale of the house of the petitioners and other co-sharers of theirs as also the entire certificate proceeding registered as foreign certificate case No. 8 of 1969-70 pending in the court of the Collector of Santhal Parganas, Dumka, respondent No. 1.

2. The short facts giving rise to this application are these : Petitioner No. 1 is the and petitioner No. 2, is the daughter of late Rajendra Kumar Bose and co-sharers in the house situate in Williams Town, Deoghar, in the district of Santhal Parganas. In the second week of June, 1973 the petitioners learnt that the aforesaid house had been attached by the Sub-divisional Officer, Deoghar, respondent No. 4. Having learnt the same, the petitioners went to the office of respondent No. 4 and on enquiry they came to know that the house had been attached in connection with some certificate proceeding, details of which could be known from the office of the Collector, Dumka. The petitioners after making enquiries at Dumka learnt that the house was at



























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