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2005 Supreme(Pat) 325

MRIDULA MISHRA
Yogesh Chaturvedi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioner and the counsel appearing for the respondents.

2. This application has been filed for quashing the order dated 19.3.2002, passed by the Divisional Commissioner, Munger in Jamui Revision Case No. 18 of 1997-98 as well as the order dated 7.1.1998, passed by the Additional Collector, Jarnui in Revision Case No. 25 of 1997-98 which has been preferred by respondent nos. 6 to 9.

3. This matter relates to creation of jamabandi with respect to the land of Khata No. 27 Plot no. 313 measuring 4.50 acres and Plot no. 314 measuring 0.33 acres.

4. Petitioners case is that the land was settled in favour of Shiv Prasad Chaturvedi the grand father of the petitioner, his name was entered in Register-II and he continued to pay rent with respect to the land and receiving rent receipts (Annexure-1 series). Respondents 6 to 9 in the year 1995 filed an application before the Deputy Collector, Land Reforms Jamui under Section 14 of the Bihar Tenants Holding (Maintenance of Record) Act, 1973 for fixing land revenue in their name and for issuance of rent receipts. The respondents opted for a wrong forum as under the Act the Circle Officer of the area is v






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