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2006 Supreme(Pat) 312

AFTAB ALAM
Rajendra Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. This petition under Art. 226 of the Constitution challenges an order, dated 20.3.2005 passed by the Collector, Siwan in Revision No. 01 of 2003-04. By the impugned order the Collector cancelled the Parcha granted to Lutawan Sah, the father of the present petitioner under the provisions of the Bihar Priviledged Persons Homestead Tenancy Act in respect of 10 dhurs of land of plot No. 7029 under khata No. 1303 situate at village Titara, Anchal Mairwa in the district of Siwan.

2. The case has many unusual features but the undeniable facts may be stated as follows. Lutawan Sah made an application for grant of Parcha for the disputed land that was registered as P.P.H. Case No. 49 of 1974-75 before the Circle Officer, Mairwa. The orders passed in the proceeding and the enquiry report by the Halka Karmchari and the Circle Inspector are brought on record as Annexure A to the counter affidavit filed by respondent No. 6. The enquiry report makes interesting reading and the relevant portion from it is reproduced below:

BHUTPURVA BHUSWAMI SE TO MULAKAT NAHI HUI. SAWIKAR NAHIN KARTE HAIN KI SRI LUTAWAN SAH PAAR PRIST PAR ABHILIKHIT VAS BHUMI PAR RAH RAHE HAIN PARANTU AS


























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