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1989 Supreme(Pat) 353

S.B.SINHA, PRABHA SHANKAR MISHRA, S.HODA
Kalika Kaur Alias Kalika Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

P. S. Mishra, J.

1. Petitioner herein has moved this Court for a writ in the nature of certiorari for quashing the order dated 2-4-1987, passed by the Joint director of Consolidation, Bihar, Patna, dated 19-11-1984 of the Deputy director of Consolidation, Muzaffarpur, and dated 21-8-1980 of the Consolidation officer, Baruraj, on grounds, inter alia, that they are not competent to decide a pure question of title and that they have acted without jurisdiction in ingnoring a Civil Courts, decree recognising a gift with respect to land in dispute.

2. Respondents were noticed to show-cause and when after their appearance the case was heard by a Division Bench on -25-1-1989 and on 17-2-1989, it was referred to a Full Bench and accordingly heard. Besides learned counsel for the parties, Mr. Basudeo Prasad and Mr. Kamal Nayan Choubey, learned advocates have addressed the Court on the questions of law. Learned Advocate general has argued on behalf of the State.

3. The Bihar Consolidation of Holdings and Prevention of Fragmentation act, 1956 (Bihar Act XXII of 1956) (hereinafter to be referred to as the Act)received the assent of the President of India on the 6th September, 1956 and w

























































































































































































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