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1990 Supreme(Pat) 158

V.PANDEY
Awadh Bihari Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

N. Pandey, J.

1. The writ application has been filed on behalf of the petitioners for issuance of a writ mandamus, restraining the respondents from interfering with the peaceful possession and taking any steps for demolition of the pucca construction of the petitioners, raised over Plot No.5, Khata no.156, Touzi No.525 area 1 Bigha 1 Katha at Mohalla-Hajipur within the jurisdiction of Khagaria Municipality. Through the amendment petition, which has been filed subsequently to the admission of the present writ petition the petitioners have prayed that the possession of the Chabutra be restored back and the petitioners be adequately compensated for the harm and loss caused to them by the respondents during the pendency of the present writ petition.

2. The case of the petitioners, in brief, is that a chunk of land including the lands in question were purchased by one Harihar Prasad through different sale deeds in the years 1909 and 1912. The petitioners are sons and grand-sons of the said Harihar Prasad Sah. The copies of the sale deeds have been annexed with the writ petition and marked as 2 series. The lands were recorded in the name of the petitioners family in the revenue r











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