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1986 Supreme(Pat) 11

U.P.SINGH
Mohammad Samsuddin Gaddi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: Mr. B.C. Ghosh, Kalyan Roy and R.N. Ghosh.
For the respondents:M/s R.B. Mahto, Advocate General and Mr. S.K. Chattopadhaya, G.P. I.
For the Intervenor: Mr. Dilip Jerath.

JUDGMENT :

U.P. Singh, J.

In this writ application, the petitioner has prayed for a writ of mandamus commanding the respondents to settle plot nos. 102 of khata nos. 213 and 218 Situated in Doranda. Further, the ORDER :passed by the Additional Collector contained in Annexure 18 is also challenged and sought to be stayed.

2. A proceeding under section 3 of the Bihar Public Land Encroachment Act was initiated against the petitioner by the Circle Officer of the town Anchal. After hearing the parties, the Circle Officer dropped the said proceeding in May, 1980. In July, 19/85, the Sub-divisional Officer preferred an appeal under section 11 of the Act on the ground that they acquired the knowledge of the said ORDER :passed by the Circle Officer only in July, 1985. The Additional Collector after hearing both the parties, condoned the delay, allowed the appeal and directed the Circle Officer to pass ORDER :s in accordance with law. The ORDER :of the Additional Collector is Annexure 8. The Additional Collector while considering the question of limitation held that the Land Reforms Deputy Collector (L.R.D.C.) had no knowledge about the ORDER :s passed by the Circle Officer us the same was not









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