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1990 Supreme(Pat) 407

G.C.BHARUKA
Ram Bilas Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

G. C. Bhamka, J.

1. The present writ application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 30-10-1986 (Annexure-9) passed by Respondent No 2 purporting to exercise the powers under Sec.33 of the Bihar Consolidation of Holdings and Prevention of Fiagmentation Act.1956 (hereinafter to be referred to as the Act ).

2. Petitioners No.1, 2 and 3 (hereinafter to be referred to as the vendees had purchased certain plots of land from one Smt. Bachkali Kunwar mother of petitioners No.4 and 5. the sale-deed is dated 21-2-1981 and has been filed as Annexure-1 to this applicacion. After the execution of the said Sale Deed, the vendees filed an application before the Consolidation officer under Sec.10-B of the Act for recording of their names in the revenue records. The Consolidation Officer by his order dated 27-5-1981 (Annexure-6) allowed their prayer. The proceeding was numbered as Objection case No.2/1980-81. Subsequently, Respondents No.5, 6 and 7 filed another application under Sec.10-B of the Act objecting the mutation of the names of the vendees In the revenue records on the ground that the vendor smt. B




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