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1989 Supreme(Pat) 102

BINOD KUMAR ROY
Rajeshwar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioners, all sons of one Kapildeo Prasad, have come under Arts.226 and 227 of the Constitution of India praying to quash the order dt. 15-4-1987 as contained in Annexure-3 passed by the Anchal Adhikari, Baniapur (Respondent No.2) under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the Act) in case No. 214 of 1967-68 by which the respondent No. 3 has been pleased to accept the proposal of the Circle Inspector to grant Parchas of one Katha two dhurs of land in plot No. 1418 appertaining to Khata No. 379 of village Baniapur to Respondents Nos. 3 and 4 by grant of an appropriate writ/ order/ direction.

2. The facts are short and simple.

3. The petitioners assert that plot No. 1418 aforementioned originally belonged to one Bhago Kuer, widow of late Sheo Gobind Sah, who had died issueless and thereafter Bikau Prasad, the landlord assumed that land and came in possession. On 30th Bhado, 1340, Fasli, the aforementioned landlord orally settled the disputed land with Dulhin Phulkumari Devi, mother of the petitioner, and fixed its rent as five annas and also granted rent receipts. Even a Yaddast was also prepared in support of that ora





















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