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1992 Supreme(Pat) 258

G.C.BHARUKA
Johan Lakra – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: Mr. A. Sahay.
For the respondents: Mr. B. K. Dubey.

JUDGMENT

G. C. Bharuka, J. -Since common facts and law are involved in these two writ applications, therefore, these have been heard together and are being disposed of by this common judgment.

2. These two writ applications have been filed by the petitioner, Johan Lakra, for quashing the orders dated 30.6.86 and 30.5.85 (annexure 8 in both applications) passed by the Special Officer, Scheduled Area Regulation, Ranchi, respondent no. 4 as well as the appellate and revisional orders filed as annexures 9 and 10 in both the applications respectively by which, pursuant to the provisions under section 48 of the Chotanagpur Tenancy Act, 1908 (hereinafter in short 'the Act'), the authorities have directed for restoration of the lands held by the petitioner.

3. The foundational facts are not in dispute. The lands in question are plot nos. 1356 and 1355 of khata no. 154 and sikmi khata no. 22 respectively situated at Kokar. P.S. Kandey in the district of Ranchi. According to the revisional records of right prepared on 2nd of January, 1935 (annexure 3), Nathuni Kumhar and Chedi Kumhar, both sons of Jagat Kumhars, have been shown as in possession of the plots in question as Kayamidars and Sikmiua

















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