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2010 Supreme(Pat) 328

RAMESH KUMAR DATTA
Mohan Pandey – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Learned counsel for the petitioners is permitted to correct the number of the Land Encroachment Appeal in para-1(i) of the writ petition in the course of the day.

2. Heard learned counsel for the petitioners and learned counsels for the State and respondent no. 8.

3. The petitioners seek quashing of the order dated 16.9.2002 (Annexure-7) passed by the Collector, Gopalganj in Land Encroachment Appeal No. 29 of 1997 by which he has directed for removal of encroachment from land appertaining to Thana No. 155, Khata No. 76, Plot No. 324 area 3 decimals situated in village Rajapur, PO & PS Kateya, District-Gopalganj and further for quashing the order dated 18.10.97/1.11.97 (Annexure-4) passed by the Circle Officer, Kateya by which he has directed for removal of encroachment from the said land and also for direction to the respondents not to disturb the possession of the petitioners over the said land.

4. The short facts relevant for the decision in the present matter are that the aforesaid land was donated to the Bhoodan Yagna Committee, Gopalganj by Hathwa Raj. The petitioners claim that the donation of the present land was made by mistake along with large chunk of other la









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