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1999 Supreme(Pat) 898

SUDHANSU JYOTI MUKHOPADHAYA
Nagendra Mistry – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner moves before this court against the notices dated 15th May, 1990 and 12th June, 1990 as contained in annexures 6 & 7, whereby and whereunder Notified Area Committee, Rafiganj (District-Aurangabad) directed the petitioner to remove encroachment from the land in question by demolishing his building/construction, or that otherwise the same would be removed by force and costs of such removal shall be recovered from the petitioner.

2. As the case can be disposed of on short point, it is not necessary to discuss all the facts except the relevant ones.

3. The dispute relates to land being S.P. No. 709, appertaining to Khata No. 206 of mauza Imadpur, which was recorded as Gairmazurva Am in the cadestral survey as prepared in the year 1914.

4. According to petitioner, out of the total area 0.13 acres of plot no. 709, the petitioner is in possession over 0.05 acres since about last 40 years (now it is about 50 years), constructed a pucca house and residing over the same. He has no other land situated in the State of Bihar.

5. In the year 1977 on the recommendation of Halka Karmachari the third respondent issued Basgeet purcha to the petitioner for the purpose of col








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