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1980 Supreme(Pat) 110

SATYESHWAR ROY, H.L.AGARWAL
Bhagwandas – Appellant
Versus
Koka Pahan – Respondent


Judgment

S. Roy, J.

1. By this application filed under Artiles 226 and 227 of the constitution of India, the petitioner has prayed for quashing order dated 19th March, 1975 passed by Respondent No.4 (Annexure 2), order dated 30th october 1975 passed by Respondent No.5 (Annexure 3) and order dated 7th january, 1975 passed by Respondent No 6 (Annexure 4) by which the land in question has been ordered to be restored to Respondent Nos.1, 2 and 3.

2. Khata No.30 of village Baheya, P. S. Angara in the district of ranchi was recorded in the name of Charan Pahan who left behind three sons, koka Pahan, Ledua Munda and Bhandari Munda. The respondent claims to be the heirs of the recorded tenant Charan Pahan. On report submitted by the Circle Inspector Angara, a proceeding under Sec.7i-A of the Chota-nagpur Tenancy Act (the Act") was drawn up by Respondent No.4 for restoration of plot Nos.745, 532 and 902 of the said khata No.30 to respondent Nos.1, 2 and 3. Notice was served on the petitioner who filed his show cause in which he inter alia contended that there was no transfer of the said three plots in contravention of Sec.46 of the Act or in any other provision of the Act and no order could




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