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1995 Supreme(Pat) 732

R.M.PRASAD
Shambhu Nath Pandey – Appellant
Versus
State Of Bihar – Respondent


Judgment

R. M. Prasad, J.

1. As. in both the writ applications, the order impugned is common, with the consent of the parties they have been heard together and are being disposed of by this common judgment/order.

2. In both the writ applications the petitioners pray for quashing of the order dated 9.11.1983, passed by the joint Director, Consolidation (Muf-fail),patna in exercise of the powers under Sec.35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (in short, the Act 8) affirmingr the order of the Deputy director of Consolidation and rejecting the claim of the petitioners over the disputed property.

3. The dispute in the first case relates to 4 decimals of land of Plot no.422 and in the second case in relation to 5 decimals of land of Plots No.418 and 419 of New Survey Khata No.263 situated in Mouza Dharampura. Thana Arrah Mufassil, District Bhojpur.

4. The case of the petitioners in the two writ applications is that after initiation of consolidation proceeding in the area when they learnt about the entry made in the revisional survey as unabbad Bihar Sarkar, they filed objections under Sec.10 (2) of the Act before the Consolidation Officer. The petit












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