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1978 Supreme(Pat) 63

M.P.SINGH
Motipur Sugar Factory Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

M. P. Singh, J.

1. This writ petition challenges the order of the Additional collector, Muzzaffarpur, dated 13th November, 1976 at Annexure 2 in Ceiling case No.25 of 1973-74 passed under Sec.5 (1) (iii) of the Bihar Land Reforms (Fixation of Ceilling Area and Acquisition of Surplus Land) Act, 1961 (briefly the Act ). By that order the Additional Collector held that the transfers of 943.76 acres of land on 31 August, 1970 by the petitioner with the shareholders of the Sugar Factory, Motipur were made with the object of defeating the provisions of the Act. He accordingly annulled those transfers and declared that the said land shall be deemed to be held by the petitioners for the purposes of determining the ceiling area. The petitioners went in appeal against that order and it is pending before the Collector, Muzaffarpur while persuing this statutory remedy available to the petitioners, they have also invoked the jurisdiction of this Court under Articles 226 and 227 of Constitution for quashing the said order of the Additional Collector.

2. By order of this Court dated 18th January, 1978 the petitioners were allowed to amend the writ petition by addition a new paragraph 32-A


















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