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1987 Supreme(Pat) 5

S.S.SANDHAWALIA, LALIT MOHAN SHARMA, S.SHAMSUL HASAN
Ram Kishun Mandal And Etc. – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The three significant issues arising for adjudication by the Full Bench on a reference in this set of two connected civil writ jurisdiction cases may well be succinctly formulated in the terms following :-

1. Whether an appeal against an order under S.103A(1) of the Bihar Tenancy Act, 1885 is still maintainable despite the deletion of Sub-Sec. (4) thereof by the amending Act 7 of 1969 because of the continuance of S.63A(b) and (c) of the Bihar Tenancy Rules ?

2.Whether an appeal against an order under S.103A(1) of the Bihar Tenancy Act is equally envisaged by S.104-G of the said Act ?

3.Whether the revenue officer specially empowered by the State Government can, under S.103-A(3) of the Bihar Tenancy Act, exercise an inherent power to review his own decision till the final publication of the record of rights ?

2. The matrix of facts necessary for the decision of the aforesaid pristinely legal questions may be noticed with relative brevity from CWJC 170 of 1986 (Ram Kishun Mandal V/s. The State of Bihar and others). The lis therein arises from a number of khatas concerning various parties. The names of respondents 5 to 12 were recorded in the record of


























































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