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1976 Supreme(Pat) 201

K.B.N.SINGH, S.ALI AHMAD
Ganga Ram Bhagat – Appellant
Versus
Deputy Commissioner, Santhal Parganas, Dumka – Respondent


Advocates Appeared:
For the petitioner in all the cases:Mr. Baleshwar Prasad Gupta. In CWJC 1539/76 for the respondents: Messrs S.N. Jha. standing Counsel No. 2, and Shardanand Jha. Junior Counsel.
In CWJC 1443, For the respondent: Messrs S. N. Jha, S. C. II and Sudhakar Choudhary, J. C.
In CWJC 1444 For the respondents: Messrs S. N. Jha, S. C. II and S. A. Narain, J. C.
In CWJC 1445 For the respondents: Messrs S. N. Jha. S. C. II and B. P. Pandey, J. C.
In CWJC No 1508 For the respondents: Messrs S.B.N. Singh, Government Pleader No. 2. and Uma Shankar Singh, Junior Counsel.
In CWJC 1509 For the respondents: Messrs Md. Khaleel, Government Pleader No. 3, and B.N.P. Gupta, J.C.
In CWJC 1510 For the respondents: Messrs S. Shamsul Hassan, Standing Counsel No. 1. and R. C. Sinha, J. C.

By Court

In all these seven applications under Articles 226 and 227 of the Constitution of India a common question of law arises and they have been heard together and are being disposed of by this common order.

2. In all these writ applications the petitioners have prayed for quashing the orders of the Deputy Commissioner, Santal Parganas, dated the 31st December, 1975, setting aside the orders of the Circle Officer declaring the petitioners in the writ applications as privileged tenants and fixing or apportioning rent in their favour under the provisions of the Bihar Privileged Persons Homestead Tenancy Act. 1947 (hereinafter referred to as "the Act"). A prayer has also been made to quash the notices issued in pursuance of the orders of the Deputy Commissioner, asking each of the petitioners to vacate the lands in dispute. The order of the Deputy Commissioner and the notice issued in pursuance thereof are Annexures 2 and 3, respectively, in C.W.J.C. Nos. 1439/76, 1444/76 and 1445/76, and Annexures 3 and 4, respectively, in C.W.J.C. Nos. 1443/76, 1508/76, 1509/76 and 1510/ 76. It may be seated here that the main order of the Deputy Commissioner has been passed in Miscellaneous Case N

































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