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1977 Supreme(Pat) 76

NAGENDRA PRASAD SINGH, G.M.MISRA
Harakh Sao – Appellant
Versus
Dukhan Pahan – Respondent


Advocates Appeared:
For the Petitioner: Messrs Debi Prasad and P.N. Sahu.
For the Respondents: Messrs H.K. Thakur (S. C. III), Ram Nandan Sahai Sinha (Govt. Pleader), Lala Sachindra Kumar and Shambhu Prasad.

Nagendra Prasad Singh, J.

This writ application has been filed on behalf of the sole petitioner for quashing an order dated 10.6.1971 passed by the respondent-Sub-divisional Officer in purported exercise of the power conferred on him by section 71-A of the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred to as the Act). By that order, the Sub-divisional Officer has directed the petitioner to restore the lands in question to the possession of respondent no. 1. A copy of that order is annexure-l to the writ application. The petitioner filed an appeal before the Additional District Magistrate, Ranchi which was dismissed on 9.12.1975. A copy of that order is annexure-2 to the writ application. The revision application filed on behalf of the petitioner before the Commissioner of Chotanagpur Division was also dismissed by order dated 6.2.1976, a copy whereof is annexure-3 to the writ application. According to the petitioner, the aforesaid orders have been passed in contravention of the provisions of the Act, and the Rules made thereunder, and. as such, liable to be quashed by this Court.

2. From the statements made in the writ application it appears that plot nos. 523, 549 and 181

















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