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1997 Supreme(Pat) 595

M.Y.EQBAL
Brigadier Ravi Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.Eqbal, J.

1. In this writ application, the petitioner has prayed for issuance of appropriate writ in the nature of mandamus commanding upon the respondents to grant permission to the petitioner for construction of commercial complex over the land bearing Plot No. 310, Khata No. 218 situated at Doranda, Ranchi.

2. The petitioner claims himself to be the first defence personnel from Bihar who has been awarded the National Gallantry award of VIR CHAKRA by the President of India for his bravery in Indo Pak War in 1971. It is stated that the Government of Bihar on appreciation of the act of bravery of the petitioner allotted 30 Dec. of land for construction of residence at Ranchi in the year 1979 (at Booty) for which a lease deed was registered, but possession could not be given to the petitioner due to non-removal of encroachment. Again, the State of Bihar leased out another piece of plot in Deepa Toli to the petitioner in the year 1982, but possession of the said land was not delivered because of illegal encroachment. Again in the year 1986 the Government of Bihar leased out a new piece of land in Doranda, bearing Plot No. 310, khata No. 218 having an area of 30 Dec. for w























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