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1992 Supreme(Pat) 288

U.P.SINGH, R.N.SAHAY
Rekha Singh – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For Petitioners: Mr. M.M. Banerjee
For State: Mr. M.Y. Eqbal

Judgment

U.P. Singh, J.

In this writ application under Articles 226 and 227 of the Constitution of India, the petitioners have prayed' for quashing of the impugned orders dated 18.9.1991 (Annexure 12) passed by the Deputy Commissioner and dated 10.7.1989 (Annexure 6) passed by the Deputy Collector Land Reforms in a proceeding under the Bihar Public Land Encroachment Act. The Deputy Commissioner has affirmed the order of the Deputy Collector, Land Reforms. They have prayed for a writ of mandamus commanding the respondents to forbear from giving effect to or to act in pursuance of the impugned orders. Further, a direction to the respondents has been sought to hand-over the vacant possession of the premises taken by them under the purported execution of the said impugned orders.

2. The lands involved in the case under the Bihar Public Land Encroachment Act, besides other lands, were 'Gair-Abad Malik' lands of Jharia Raj and were in khas possession of Jharia Raj. These lands were permanently settled in the year 1947 and 1949 in favour of Smt. Usha Rani Devi who became the permanent occupancy raiyat and after vesting of the Zamindari she continued in khas cultivating possession over the se











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