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2010 Supreme(Pat) 1848

SHEEMA ALI KHAN
Smt. Shakunia Devi – Appellant
Versus
State Of Bihar Through The Collector – Respondent


JUDGEMENT

1. I.A. No. 6441 of 2010 has been filed to expunge the name of respondent no. 4 from the memo of this writ application as respondent no. 4 has died during the pendency of this case. The legal heirs of respondent no. 4 are already on record as respondents 2, 3, 5 and 6.

2. This application is allowed.

3. The office is directed to expunge the name of deceased respondent no. 4 from the memo of this writ application.

4. The petitioner is the purchaser and was aggrieved by the order dated 05.06.2002 passed by the Additional Member, Board of Revenue, Bihar, Patna and the order dated 21.06.1996 passed by the Deputy Collector Land Reforms in favour of the respondent- pre-emptor.

5. The short facts are that the petitioner was in possession of Khata No. 57 Khesra No. 137 situated in village Brindavan, measuring 26 decimals of land by virtue of a conditional mortgage executed by the vendor in favour of the petitioner, on 02.05.1988. Later, by two sale deeds dated 04.06.1993, the petitioner purchased the aforesaid lands. Sale deed no. 3186 was for a consideration amount of Rs. 9500/- for 20 decimals of land, whereas sale deed no. 3185 was for a consideration amount of Rs. 3000/- for 0



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