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1982 Supreme(Pat) 29

P.S.SAHAY, LALIT MOHAN SHARMA
Shiv Shankar Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. By this writ application, the petitioners have challenged the order contained in Annexure-7 passed by the Collector (Respondent No.2) under Sec. 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act).

2. A proceeding under the provisions of the Act in regard to the land belonging to the petitioners was started several years back and the Anchal Adhikari, Ramgarhwa and Anchal Adhikari, Raxaul (Respondents 4 and 5) had appended genealogical tables as in Annexures-1 and 1/A to their verification reports giving the names of the land holders. After the matter was examined by the respondent No.3, the Additional Sub-divisional Officer, Motihari, the order in Annexure-4 was passed wherein he granted six units for Shiv Shankar Prasad Singh and his four sons Bishwanath Singh, Chandra Kishore Singh, Purushottam Singh and Umesh Singh, and his grandson Ajay Singh son of Bishwanath Singh. A perusal of Annexure-4 indicates that he rejected the claim of Abhoy Kumar Singh, Digvijay Kumar Singh and Sanjay Kumar Singh sons of Chandra Kishore Singh to separate units on the ground that they were minors on due dat




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