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1976 Supreme(Pat) 247

R.P.SINHA, S.SARWAR ALI
Shiv Narain Khawaray – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For petitioners: M/s Kailash Roy, Balbhadra Prasad Singh, Sheo Kumar Singh, and Nageshwar Saran, Binod Kumar Roy, Bishwanath Singh, N. Hoda, M.P. Bharatee, M. Rai and N.K. Sharma.
For respondents (S.C. II) K. N. Singh (S.C. IV) M/s S.N. Jha and B.P. Pandey, R.C Sinha, Sudhakar Choudhary, Sharda Nand Jha, C.M. Jha, S.A. Narain, Arun Kumar Jha and B.N.P.Gupta.

Judgment of the Court

All these 13 writ applications have been heard one after another and are being disposed of by a common judgment as the points involved in all of them are identical or similar.

2. Proceedings under section 5 (i) (iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Lands) Act, 1961, hereinafter referred to as 'the Act' was started against a number of persons giving rise to 46 proceedings, the Sub-divisional Officer who decided the proceedings held that all the 46 transactions were liable to be annulled. In appeal, four of these appeals were allowed and there was modification in relation to one proceeding. In revision, the Additional Member, Board of Revenue interfered in four cases and directed remand in those cases. So far as the petitioners are concerned, they were unsuccessful throughout. Hence, these writ applications challenging the orders contained in Annexures 1, 2 and 3.

3. Section 5 (i) (iii) of 'the Act' authorises annulment of transfers made after 22.2.1959 in the circumstances mentioned in the said provisions. The authorities who had to deal with those cases of annulment were of the view that the transfers in question wer










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