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1985 Supreme(Pat) 340

SANDHAWALIA, S.ROY, A.P.SINHA
Ram Chandra Ram – Appellant
Versus
Commissioner, North Chotanagpur – Respondent


Advocates Appeared:
For the petitioners: Messrs. N.K. Prasad, S.B. Sinha, Vijoy Gopal and P.K. Prasad.
For the respondents: J. Kandulana, Government Pleader I. Delip Jerath, Junior Counsel to G.P. II and T.R. Bajaj.

JUDGMENT

S.S. Sandhawalia, C.J.

A veiled doubt about the correctness of the Division bench Judgment in Sri Kalut Choudhary Vs. The State of Bihar and others (1980 BBCJ 373) had originally necessitated this reference to the Full Bench at the threshold stage of admission. That issue has, however, been totally eclipsed and what now comes to the force is the question whether a Second revision is still maintainable in mutation proceedings despite the repeal of section 17 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 by virtue of Bihar Ordinance 62 of 1982 and the subsequent Bihar Act, of 1983 ?

2. The facts, which deserve notice for the purpose of the pristine legal issue aforesaid, lie in a narrow compass. Shorn of details, these are that petitioner no. 1. Ram Gandhra Ram, applied before the Anchal Achikari, Kodarma, for the mutation of 1.38 acres of land in village Moriawan. On that basis, Mutation Case No. 29 of 1977-78 was started and in the subsequent proceedings the Anchal Adhikari allowed the mutation of the said land is favour of the petitioners. Respondent no. 5, Shrimati India Devi wife of Akal Ram preferred Mutation Appeal no. 11 of 1977 before the Land Reform
























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