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1979 Supreme(Pat) 102

SARWAR ALI, B.S.SINHA
Baijnath Gutgutia – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Messrs Kailash Roy, B.K. Roy & N.K. Sharma.
For the Respondents: Messrs D.N Singh & R.C. Sinha.

JUDGMENT

1. In this Writ Application the petitioners challenge the orders contained in Annexure 9, 10 and 11 being the orders of the Deputy Collector incharge Land Reforms, Additional Collector and the Additional Member, Board of Revenue, respectively. These orders have been passed under the Provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 hereinafter refer red to as "the Act".

2. A proceeding under the provisions of the Act, was started against Basudeo Prasad Gutgutia (Respondent No. 5). In that proceeding objection was filed by respondents 5 to 7 under section 10 (3) of the Act. Another objection was filed by petitioners 1 to 4. In both these objections it was stated that about 205 acres of land out of 233.87 acres belonged to the members of the joint family and on partition different portions had been allotted to the members of the family. This block of land constitutes Jamabandi No. 13 and is described as "Mool Raiyat Ka Jote". It may be stated that about 54 acres of land constituted Jamabandi No.1 which was Mool Raiyati Jote. The land of jamabandi No. 13 bas been treated to be the lands of respondents 5 to 7 and on that basis









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