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2005 Supreme(Pat) 150

MRIDULA MISHRA
Bhola Jha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioner. No one appears for respondent no. 8 though name of the counsel appearing for respondent no. 8 is appearing in the daily cause list. Time was also granted to private-respondents as well as State for filing counter-affidavit.

2. The petitioner is aggrieved by the order dated 10.7.1992 passed by the D.C.L.R., Birpur, in Rent Fixation Case no. 5 of 1992-93 creating Jamabandi in favour of respondent no. 8, also the order dated 29.12.1997 passed by the Addl. Collector, Supaul, in Misc. Revenue Appeal Case no. 137/95/115/97 and the order passed by the revisionai authority dated 16.8.2000 passed in Mutation Revision Case no. 31 of 1997-98 (Annexure-4).

3. These orders have been challenged on the ground that jamabandi created in the name of the petitioner on 1.7.1969 has been cancelled by the impugned order after 23 years without issuing any notice or without assigning any reason. It has further been submitted that the orders are without jurisdiction as the appellate authority has dismissed the appeal on the ground of limitation itself without considering that against an ex parte order the petitioner preferred an appeal when he came to kn




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