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1975 Supreme(Pat) 140

S.N.P.SINGH, S.K.JHA
Jute and Gunny Brokers (Pvt. ) Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: Messrs Kailash Roy, Binod Kumar Roy and R. K. Sinha.
For the respondents: Mr. S.B.N. Singh, Government pleader II with Mr. Jawahardhari Singh (in C.W.J.C. 444), Mr. Ali Muzaffar (in C.W.J.C. 613 to 620), Mr. Narbdeshwar Prasad Singh (in CWJC 621 to 629), Mr. D. K. Sinha (in CWJC 630 to 639) Mr. Uma Shankar Singh (in CWJC 640 to 646) Mr. S. Huda (in CWJC 647 to 650), Mr. M. K. Sinha (in CWJC 651 to 659) Mrs. Indu Prabha Singh (in CWJC 660 to 667), Mr. Basant Kumar Singh (in CWJC 668 to 670) Mr. P. N. Roy (in CWJC 671 to 675), Mr. S. K. Singh (in CWJC 676), Mr. Keshav Srivastava (in CWJC 677), Mr. S. N. Jha I (in CWJC. 678) and Mr. Rana Pratap Singh II (in CWJC 679 and 680).

JUDGMENT

S. K. Jha, J.

All these applications under Articles 226 and 227 of the Constitution of India involve common sets of fact and identical questions of law. The petitioner in all these applications are the same. The contesting respondent is respondent No. 3, respectively, in all the applications. The relief prayed for in each of the writ petitions is for issuance of an appropriate writ quashing the initiation of a proceeding under section 48E of the Bihar Tenancy Act, (hereinafter referred to as the Act) by virtue of the order sheet (Annexure 2) to each of the writ petitions, and the notice issued to the petitioners in each of the cases has been appended as Annexure 3, respectively.

2. The short facts relevant for the disposal of these applications may be stated in a very narrow compass. Messrs Jute and Gunny Brokers Private Ltd. (petitioner no. 1) is a joint family firm of petitioners 2 to 5 who are said to be members of a joint Hindu family governed by the Mitakshra school of Hindu Law, of which petitioner no. 2, Sri Suraj MalMohta claims to be the karta. The entire land held and possessed by the petitioners has been described and set out fully in Schedule 1 of each of the writ








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