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1979 Supreme(Pat) 118

S.K.JHA, M.P.VARMA
Sheopujan Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this application under Articles 225 and 227 of the Constitution of India the petitioner prays for the issuance of a writ of mandamus commanding respondents 1 to 4 to settle a fishery known as Anaith Ahar in favour of the petitioner after cancelling the settlement made in favour at respondent No. 5 by the impugned order dated 28th August, 1978, as contained in Annexure- 7. The aforesaid order was passed by the Collector, Bhojpur (Respondent No. 3) by which settlement of the fishery in question was directed to be made in favour of respondent No. 5 for the years 1978-79 and 1979-80, the year in each case beginning on the 1st of April. Subsequent to the filing of the writ application an order dated 12th September, 1978 was passed by which settlement was actually made by the Additional Collector (Respondent No. 4) in favour of respondent No. 5. A copy of this order has been annexed as Annexure-E to the counter affidavit filed on behalf of respondent No. 5. Although no formal application has been made by the petitioner for amendment of the original writ petition. learned councel the petitioner also challenged the order of settlement made on 12th Sept. 1978 as borne out by A






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