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1975 Supreme(Pat) 33

K.B.N.SINGH, UDAY SINHA
Ram Narain Sah – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prem Lall and Mr. Ramkrishna Pd.
For the Respondents: Mr. S. B. N. Singh & Mr. Shambhu Nath Jha.

JUDGMENT

K. B. N. Singh, J :

In this application under Articles 226 and 227 of the Constitution of India, the sole petitioner, Ramnarain Sah, has prayed for quashing an order of eviction of the petitioner from certain land, passed by the Sub-divisional Officer, Dumka, on the 20th June, 1969 (Annexure 2'), as well as the order of the Additional Deputy Commissioner of Santhal Parganas dated the 3rd December, 1969 (Annexure 3') and the order of the Commissioner of Bhagalpur Division dated the 22nd November, 1970 (Annexure 4'). The latter two orders have affirmed the first order.

2. The petitioner has averred in the writ application that one Narayan Chandra Laha, husband of Firobala Dasi (Respondent No.5), was the recorded Raiyat in respect of Jot No.5 of Village Patharia, Circle No. 20, police Station Saraiyahat, in the District of Santhal Parganas, bearing Plot No. 135 (having an area of 2.26 acres) and plot No. 138 (having an area of 0.10 acre), and classified as Dhani Class II and Class III, respectively. The petitioner's case is that in or about 1944, the petitioner took the aforesaid land on Kurfa settlement and continued in possession for more than 12 years. He was subsequently dis















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