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1999 Supreme(Pat) 868

N.PANDEY, S.K.CHATTOPADHYAYA
Sudama Prasad Singh – Appellant
Versus
Vice-chairman, Patna Regional Development Authority – Respondent


Judgment

1. The order of the learned Single Judge dated 22.6.99 passed in C.W.J.C. no. 4423 of 1988 has been impugned by the appellant in this Appeal.

2. Factual backgrounds are necessary to be portrayed before appreciating the contentions made on behalf of the parties.

3. The Patna Regional Development Authority (hereinafter referred to as Authority) is the successor of the Patna Improvement Trust which ceased to exist with effect from 24.5.1975 by virtue of the Bihar Regional Development Ordinance and Act. The Patna Improvement Trust settled a vast area of land with brick manufacturing facilities in favour of the appellant in the year 1975 for certain period. The said lease came to an end in the early half of 1977 but settlement was extended for further period till June 30, 1981. The appellant even after expiry of the period of settlement did not vacate the land which necessitated for further extension of period of settlement. The Authority requested the appellant through notices to vacate the land but on appellants refusal instituted a proceeding under Section 85 of the Bihar Regional Development Authority Act, 1981 (hereinafter referred to as the Act) for the appellants ejectmen








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