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2007 Supreme(Pat) 513

NAVANITI PRASAD SINGH
Ramji Prasad Singh& Another (In 7056) – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. CWJC No. 7056 of 2006 and CWJC No. 5816 of 2006 are inter related and, as such, with consent of parties have been taken up and are being disposed of together. As petitioner No. 1 of CWJC No. 7056 of 2006 is respondent in CWJC No. 5816 of 2006 and vice verse, the counsels have been heard and with their consent, these writ applications are being disposed of.

2. The principal controversy is with regard to jurisdiction of the Anchal Adhikari to deal with the application of the petitioners of CWJC No. 7056 of 2006 under the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as "the Act") on basis whereof Miscellaneous Case No. 25 of 2006 was registered. The petitioners in this first writ application submit that they had purchased certain lands and on basis of said purchase in terms of Sec. 14 of the said Act, they filed an application for their names to be mutated in the revenue records of the State that is the Jamabandi. On the other hand, the respodent of the first writ application being the petitioner of the second, contends that, this matter virtually stands settled by an earlier order of the DCLR (Annexure-H dated 01.10.1983) and that bein








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