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1991 Supreme(Pat) 517

S.B.SINHA, R.N.SAHAY
Arun Nath Shahdeo – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sinha, J.

1. This application is directed against the order dated 14-12-1985 passed by the respondent No. 3 as contained in Annexure 6 to this writ application as also the order dated 1-7-1986 passed by the respondent No. 2 as contained in Annexure No. 7 to this writ application.

2. By reason of the aforesaid orders, the respondent Nos. 3 and 2 respectively in purported exercise of their powers conferred upon them under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the sake of brevity of the Act) held that surplus vacant lands are available at the hands of the petitioners.

3. The fact of the matter lies in a very narrow compass and are not much in disputes.

4. The petitioner No. 1 and his two sons constituted a Hindu joint family. The petitioner Nos. 2 and 3 when the Act came into force were minors. On or about 4-8-1971 the petitioners together with Smt. Kiranbala Shahdeo (since deceased) wife of the petitioner No. 1 and the mother of the petitioner Nos. 2 and 3 partitioned their properties by metes and bounds, in terms whereof l/4th share of the properties in question was allotted to each of them.

5. The properties in question were the ances




















































































































































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