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2002 Supreme(Pat) 582

S.N.JHA, T.P.SINGH
Upendra Paswan – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.N.Jha and T.P.Singh JJ.

1. This writ petition has been filed for quashing the order of the Additional Member, Board of Revenue, dated 10.6.93 in Case No. 23/93 upholding the claim of the land holders, respondents 2 to 7 herein, for additional four units under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter called the Act).

2. The short facts of the case are that a proceeding bearing Land Ceiling Case No. 2/1973-74 was initiated under the Act against respondents 3 to 7 which was disposed of by the Collector, Aurangabad on 21.12.83. The respondents filed appeal before the Commissioner, Magadh Division, Gaya vide Ceiling Appeal No. 14/84 and not satisfied with the order dated 15.6.89 passed therein took the matter to the Board of Revenue in revision. The Board of Revenue by its order dated 20.8.91 remitted the matter back to the Collector for reconsideration on the point of majority of some of the respondents i.e. grant of additional units to them. The Collector on 25.9.92 rejected the claim of the respondents. On 9.10.92 notification was published under Section 15 of the Act. On the same day the surplus lands were dis





















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