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1988 Supreme(Pat) 6

S.B.SINHA
Jaleshwar Mistry – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s. S. S. Asghar Hussain and Abhijit Sinha
For the Respondents: M/s. S.N. Jha, S. C. II, R. Jha, K. K. Thakur and Mrs. M. Mishra.

JUDGMENT

S. B. Sinha, J. - These writ petitions involving common question of Jaw were heard together and are being disposed of by this common judgment.

2. In all these writ petitions the petitioners have questioned the notices dated 3.6.1987 issued by the Sub-divisional Officer, Araria as contained in Annexure 1 thereto. By reason of the aforementioned notices the order of the Collector to the effect that the lease holds of the petitioners have been resumed was communicated and the petitioners were further directed to hand over the possession of the lands in question within one week therefrom.

3. For the purpose of disposal of these writ petitions it is not necessary to state the facts in details.

4. Suffice is to say; that the petitioners were granted agricultural leases with right of occupancy thereon under registered patta-cum-kabuliat as far back as in the year 1937. According to the petitioners, they have constructed their residential buildings thereon and have been holding their shops therein also.

5. By the impugned orders the Collector directed resumption of the aforesaid settled lands purported to be in terms of clause 21 of the Khas Mahal Manual.

6. In these cases a counter aff













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