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1980 Supreme(Pat) 58

CHAUDHARY SIA SARAN SINHA, B.P.JHA
Nawal Kishore Singh And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.JHA, J.

1. In an application under Articles 226 and 227 of the Constitution, these petitioners pray for quashing annexures-1 and 2. Annexure-1 contains the order of the District Collector under Sec. 46-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act). Annexure-2 contains the order of the deputy Collector, Land Reforms, after reopening the case under Sec. 45-B of the Act.

2. In the present case there was a proceeding against the petitioners in Ceiling case No. 10/73-74. In that proceeding the matter went up to the High Court. The High 277 Court remanded the case to the Deputy Collector, Land Reforms - vide Annexure-3, for a fresh decision in accordance with law. On remand the Land Reforms Deputy Collector examined the matter and delivered his judgement - vide Annexure-5.

3. The point for consideration in Annexure-5 was in respect of the age of Amar Kumar Singh as well as in respect of classification of lands. The Land Reforms Deputy Collector held that Amar Kumar Singh attained majority on 9-9-1990 on the basis of the materials on record. He also classified the lands in third and fourth







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