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1995 Supreme(Pat) 240

AFTAB ALAM
Most. Babuni Devi – Appellant
Versus
State of Bihar – Respondent


Order

1. Heard learned counsel for the petitioner and respondent no. 6.

2. This application arises out of a proceeding under the provisions of the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973. It may be clarified at the out set that there can be no dispute that this case arises out of the provisions of the aforesaid Act inasmuch as the proceeding in question commenced in the year 1994 whereas on 18.1.1991 the Act was made applicable to all the districts/Anchals in the State.

3. Respondent no. 6 made an application for mutation before the Anchal Adhikari in respect of the lands of different khata. His claim was rejected in part. So far as the land in respect of which the claim for mutation raised by respondent no. 6 was allowed by the original authority is concerned, the petitioner has no grievance. Respondent no. 6 preferred an appeal against the order of the original authority in so far as his claim for some lands was rejected. The appeal preferred before the Dy. Collector Land Reforms was also rejected. The respondent no. 6 went in revision and the Addl. Collector by order dated 11.5.1994 (copy at Annexure 3) allowed his revision application.

4. The petitioner challeng


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