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2006 Supreme(Pat) 42

HIGH COURT OF PATNA
NARAYAN ROY, J.
Garju Sharma – Petitioner
Vs.
The State of Bihar and ors. – Respondents
C.W.J.C. No. 3199 of 1998
Decided on: 10.1.2006

Advocates appeared:
For the Petitioner: Mr. R.C. Thakur.
For the State : Mr. Rajeshwar Prasad.
For the Respondents 4 & 5: Mr. Praveen Kumar Sinha.

Headnote:Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956-Section 26A-Denotification of consolidation operations-Consolidation proceeding already denotified-Impugned order not dispossessing the petitioner-It would not affect his right, title and interest unless contrary is hold by the Civil Court-Writ petition disposed of. (Paras 3 & 4)

       

NARAYAN ROY, J.:–Heard counsel for the parties.

2. This writ application arises out of the order passed by the authorities under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, (hereinafter to be referred to as "Act").

3. It does not appear to be a case that pursuant to the order passed by the authorities under the Act, the petitioner has been dispossessed or any right has been created in favour of respondent no. 4 & 5. The proceeding under the Act has already been denotified.

4. In that view of the matter, the order passed by the authorities under the Act would not affect the right, title and interest of the petitioner, unless a contrary decision is rendered by the competent civil court in any suit filed by either of the parties.

5. With the direction/observation aforesaid, this application is disposed of.




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