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1988 Supreme(Pat) 233

S.B.SINHA
Chunchun Chaudhary – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. These two writ applications, involving common questions of law and fact, were heard together and are being disposed of by this common judgment. In these writ applications the petitioner has prayed for issuance of a writ of certiorari for quashing of an order D/-30-12-81 passed by Assistant Settlement Officer, Bhagalpur (respondent 2), as contained in Annexure-1 to these writ applications.

2. The facts of the case lie in a very narrow compass.

3. The petitioner claims himself to be entitled to the land in question by reason of two sale deeds dt. 3-2-73 allegedly executed by the predecessor in interest of the respondent No. 6 in C.W.J.C. No. 3918 of 1982 and respondent 3 in C.W.J.C. No. 3920 of 1982. According to the petitioner he had come in peaceful cultivating possession of the aforesaid purchased land. The petitioner has asserted that after final publication of the record of rights, he came to learn that the land in question was recorded in the names of respondents 3 to 20 in each case as raiyat as also in the names of respondents 21 to 24 as under raiyats in C.W.J.C. No. 3920 of 1982. According to the petitioner he was not aware of the survey proceeding as he purchase

























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