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2001 Supreme(Pat) 808

S.N.JHA, P.N.YADAV
Md. Mehandi Imam @ Mehdi Imam – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha, J.

1. This Letters Patent Appal is directed against the order of the learned Single Judge dated 9.8.2001 in CWJC No. 7028 of 2001 [reported in 2001 (3) PLJR 762] dismissing the writ petition of the appellant.

2. The appellant filed the above mentioned case for quashing the order of the Circle Officer, Patna Sadar dated 25.5.2001 in Land Encroachment Case No. 8/2000-01 directing him to remove the encroachment from the land in question measuring 300 square feet (25 X 12) of Plot no. 1132 at Mohalla Bakarganj (mentioned by its survey name of Mauza Moharrampur in the order/notice). The case of the appellant is that the land in question was given in lease to him under a registered deed of lease for a period of three years on 11.10.1971. Before expiry of the period, on 7.8.1974 he applied for renewal which however was rejected by the State Government vide Memo No. 2031 dated 27.5.1975. Against the said order the appellant moved this Court in CWJC No. 1532 of 1976 which was disposed of on 13.7.1976 with an observation not to evict the appellant except in accordance with law. The appellant remained in peaceful possession of the land in question until 2.11.99 when the respo



















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