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1990 Supreme(Pat) 139

P.S.MISHRA, BHUVANESHWAR PRASAD
D. N. Jatia – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.S. Mishra and Bhuvaneshwar Prasad JJ.

1. Petitioner herein has invoked this Courts writ jurisdiction under Article 226 of the Constitution of India for a writ in the nature of Certiorari to quash the order of the Additional Collector at Deoghar, district Deoghar dated 8-12-1989 (Annexure-5). under which he has held that the petitioners lease-hold was valid until 1955 and since thereafter, his possession was illegally, the property accordingly stood reverted to the State, Zamabandi in the name of the petitioner was illegal and accordingly the same was ordered to be cancelled and Dy. Collector Land Reforms, Deoghar was directed to take possession of the property in question from the petitioner.

2. A Ghatwali Estate known as Rohini Estate was under Court of Wards, when on 3-2-1906 the Commissioner, Bhagalpur Division on behalf of Court of wards of the said Estate executed a lease for a period of 50 years in favour of one Sri Yogendra Nath Bose. The Law governing the rights and interests of Ghatwalis in the lands held by them at the relevant time was the Bengal Ghatwal Act, 1959 . Sec. 1 of the said Act recognised the right of the Ghatwals of Birbhum (as the area was then kno






























































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