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1980 Supreme(Pat) 145

HARI LAL AGRAWAL
Mir Rafique – Appellant
Versus
Additional Member, Board Of Revenue, Bihar – Respondent


Judgment

Hari Lal Agrawal, J.

1. This application under Articles 226 and 227 of the Constitution of India is directed against an order of the Board of Revenue, bihar, allowing a revision application of respondent no.4 in a proceeding initiated under the provisions of section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.

2. The relevant facts, briefly stated, are that on 14th October, 1969 a sale-deed was executed by respondent Nos.5 and 6 in favour of respondent No.4 (Ajablal Yadav) with respect to 4 kathas from west of survey plot no.2399, situate in village Bhawanpur, Police Station Madhubani. The sale deed was registered on 12th November, 1969 The petitioner filed an application under section 16 (3) of the Act before the Deputy Collector, Land Reforms, madhubani on 18th December, 1969, claiming to be the co-sharer as well as an adjoining raiyat of the plot in question. On the same day respondent no.4 had executed a sale-deed selling the property in question to Awadhlal yadav, respondent no.7. This sale deed was registered on 22nd December, 1969. Notice of this proceeding was issued by the Deputy Collector to respondent no.4











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