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2001 Supreme(Pat) 206

R.N.PRASAD
Uma Devi Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The writ petition has been filed for quashing the notice dated 27.8.1996, Annexure-8, issued by respondent no.3, the order dated 31.8.1996 passed by respondent no.3 in Land Encroachment Case No. 07/96-97 directing to remove the encroachment, Annexure-9, and also order dated 23.8.1999 passed by respondent no.2 in Land Encroachment Appeal No. 73/96-97, Annexure-10.

2. The land in dispute is Revisional survey plot no. 198, khata no. 173, area 18 decimals situated at village Tahwal- nagar, P. S. Shahkund, district Bhagalpur. The aforesaid disputed land was carved out from Cadestrai survey plot no. 55, khata no. 69, area 81 decimals. The said land was recorded in the Cadestrai survey as gairmajarua malik land. The ex- landlord of the land in dispute was Kumar Kalanand Singh of Banaili estate. The cadestrai survey plot no.55 along with other land area 2 bigha 6 katha 18 dhoor was settled in the name of Thakur Prasad Sinha by the ex-landlord of Banaili estate. Ex-landlord granted receipt in the name of Thakur Prasad Sinha evidencing settlement in his favour. The landlord sumbitted return with respect to cadestrai survey plot no. 55 in the name of Thakur Prasad Sinha at the time







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