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1996 Supreme(Pat) 139

S.N.MISHRA, CHOUDHARY
Kusumlal Mallah – Appellant
Versus
State Of Bihar – Respondent


Judgment

Choudhary S.N.Mishra, J.

1. Heard learned Counsel for the petitioner and the respondents. With consent of the parties, this writ application is being disposed of at the stage of admission itself. In this writ application, the petitioner has challenged the order, dated 2.9.94 passed by respondent No. 2 the Sub divisional Officer, Forbesganj, whereby the concerned respondents have been directed to make entry into the-relevant. register, a copy of which has been made Annexure-3 to this writ application. It is stated that the land in question pertaining to Khata No. 786, plot No. 3783 having an area of 0.78 decimals and plot No. 3791 measuring an area of 1 acre were recorded in the name of the petitioner in Sikmi Khata No. 284 in the revisional survey Khatiyan, as per amended provisions of Sec. 48-D of the Bihar Tendency Act, 1885 (hereinafter referred to as the Act). The petitioner, filed an application before respondent No. 3, the Circle Officer, Bhargama Anchal, District Araria, for declaring him as an occupancy raiyat of the lands in question, which was registered as 48-D, B.T. Act Case No. 98 of 1992-93. The respondent-Circle Officer by his order, dated 18.1.93 accepted th









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