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2007 Supreme(Pat) 1868

NAVIN SINHA
Yogendra Pd. Shukla @ Yogendra – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order dated 27.5.2003 as affirmed on 8.6.2003 passed in Jamabandi Case No. 1/01-02 by which the jamabandi standing in his name has been cancelled.

3. It is the contention of the petitioner that the lands in question, identified as 12 Katthas of plot No. 5045, Khata No. 270 in village Kabirpur was settled by the erstwhile landlord in favour of the grandfather of the petitioner, Mathura Prasad Shukla. A parwana was issued on 16.7.1940 in proof of acceptance of Salami. Mathura Prasad Shukla was put in possession and the State started to realize rent from him. At the time of vesting of estates, the landlord in his return did not mention the lands settled in favour of Mathura Prasad Shukla. Shri Shukla then filed a rent fixation case No. 23/61-62. On 9.5.1963 final orders were passed after enquiry by the Circle Officer fixing the rent and Jamabandi No. 436 was created in favour of Mathura Prasad Shukla. It is the further case of the petitioner that as early as 1968 an application was filed by certain persons challenging the rent fixation and jamabandi in the name








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