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2007 Supreme(Pat) 277

J.N.BHATT
Narsing Prasad Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

J.N.Bhatt, J.

1. In this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against issuance of notice (Annexure 5), dated 12.8.1988 by the revenue authority, i.e. Deputy Collector, Purnea suo motu against the entry made in the revisional records.

2. Ordinarily, the writ court would be at loath to interfere at the notice stage. However, since almost 19 years have passed and the impugned action is purported to have been taken under the statutory provisions after lapse of 10 years, when the matter had become final, this Court has thought it expedient to deal with the matter and decide in accordance with law. Let it be mentioned that the second notice dated 15.2.1989 also came to be issued. The petition is filed in the year 1988.

3. The main challenge in this petition under Articles 226 and 227 of the Constitution is against the aforesaid two notices purported to have been issued under sec. 4(h) of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950) (In short "the Act"). Let there be skeleton projection of facts with a view to appreciate the merits of the petition.

4. The respondent Government filed an application for mutation in the r







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