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1983 Supreme(Pat) 310

NAGENDRA PRASAD SINGH, R.N.PRASAD
Jagarnath Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: Messrs Lakshman Saran Sinha, Damodar Prasad Tiwary and Gopal Chandra Prasad;
For respondents 1 to 3: Mr. Ram Balak Mahto (Addl. A. G.) and Mr. S.K.P. Sinha (J. C. to Addl. A.G.);
For respondent No. 5: Mr. Surajdeo Singh.
For respondents 6, 9 & 10: Mr. Harendra Prasad Singh No. I.

JUDGMENT

Nagendra Prasad Singh, J.

This writ application has been filed on behalf of the petitioners for quashing the order dated the 25th July. 1978, passed by the Deputy Director of Consolidation, a copy whereof is Annexure 7' to the writ application. The revision filed against the aforesaid order before the Director of Consolidation was dismissed on the 27th December, 1978, a copy whereof is Annexure 8' to the petition.

2. The dispute is in respect of revisional survey plot no. 677 of khata no. 36 measuring 55 dec, the corresponding cadastral survey no. was 414 of khata no. 53. According to the petitioners, as early as on 23rd February, 1928, the then landlords seeded the aforesaid land with one Gopal. As Gopal died issueless his brother Nema came in possession of the said plot. On the 14th August, 1935, Nema Sao executed a registered sale deed in favour of one Kashi who came in possession. On the 16th December, 1939, an order under section 112A of the Bihar Tenancy Act was passed in respect of the said plot in the name of Kashi. A copy of that order is Annexure 5'. Thereafter Bachan and Lochan, sons of Kashi, transferred the plot in question by .a registered sale deed dated the 14
































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