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1993 Supreme(Pat) 89

S.B.SINHA, R.M.PRASAD
Sk. Samiur Rahman – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner Mr. Jagdish Prasad Bhagal.
For the State : M/s Ragheb Ahsan & K.A. Siddiqui.

JUDGMENT :

S.B. Sinha, J. - In this application the petitioners have prayed for issuance of a writ of certiorari for quashing an order dated 11th August, 1992 passed by the Respondent No.1, in Land Ceiling Case No. 275 of 1992 whereby the land proceedings have been opened purported to he under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act).

2. The fact of the matter lies in a very narrow compass.

In order to appreciate the point involved in his case, the Genealogical table of the family of the petitioners as stated in the writ application may be reproduced:

3. A proceeding under the said Act being L.C. Case No. 1160 of 1973-74 was initiated against Sk. Saidur Rahman, Sk. Mazidur Rahman and Sk. Hamidur Rahman. The family is said to be possessed of 429.65 acres of land in, K.Nagar Anchal and 78.88 acres of land in Purnea East Anchal, totalling an area of 508.53 acres of land.

4. According to the petitioners all the brothers have equal shares in the said 508.53 acres of land. The petitioner has contended that all the three brothers are separate in mess and properties.

5. The petitioner has co































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