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2007 Supreme(Pat) 1202

RAMESH KUMAR DATTA
Anil Kumar Tiwari – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner seeks quashing of the order dated 28.8.2006 passed by the Collector, Buxar (Respondent No. 2) in Mutation Revision No. 148 of 2004/324 of 2006 (Annexure-1.)

3. The short facts of this case are that the land in question in the instant case, namely, Khata No. 275, Plot Nos. 681, 597/1368 and 597/1366 having total area of 0.67 acres situated in villageParasia admittedly belonged to Most. Kawali Kuer. By a registered deed dated 15.7.1986, Most. Kawali Kuer gifted 1.63 1/2 acres of land, which she had received from her Naihar and also the lands purchased by her deceased husband, in favour of Respondent No. 5, Ramakant Chaubey. Admittedly, the said deed of gift specifically mentioned khata number and plot numbers and also individual area of the gifted lands, which came to a total area of 1.63 1/2 Acres. The said deed of gift admittedly did not contain the three plot numbers involved in the instant case.

4. Subsequently, it is the case of Respondent No. 5 that the said Kawali Kuer swore an affidavit before the Notary stating that she had gifted these plots also but due to mistake of the Deed Writer the same have not been
















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