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1979 Supreme(Pat) 260

M.P.VARMA, B.P.JHA
Sri Kalut Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Messrs Ugrah Singh Kameshwar Deo and Amresh Kumar Lal
For the State : Mr. Chunni Lal, G. P. V. Mr. O. P. Agrawal, J. C. to G. P. V.

JUDGMENT

In an application under Article 226 of the Constitution, the petitioner prays for quashing Annexure 8'. By Annexure 8' the Sub-divisional Officer, Patna approved the recommendation of the Anchala Adhikari where by the Sub-divisional Officer cancelled the jamabandi of the petitioner.

2. The name of the petitioner was entered in the jamabandi in respect of plot nos. 1, 2 and 8 covering an area of 15 decimals, 1.29 acres and 35 decimals appertaining to Khata No 573 and Thana No. 38. Later on, a proceeding was initiated by the Anchal Adhikari for cancellation of the aforesaid entry in the jamabandi. Later on, the Anchal Adhikari, Phulwarisharif submitted a report vide Annexure 8' for canceling the jamabandi of the petitioner and the same was approved by the Sub-divisional Officer vide annexure 8'. The point for consideration is whether such power is vested with the Sub-divisional Officer or not? If a mutation order is passed by the Anchal Adhikari there is a provision for preferring an appeal under Rule 10 of the Instructions for the Disposal of Mutation Cases. We have been informed that these provisions have been issued under section 13 of the Bihar Land Reforms Act. It is rele





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