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1985 Supreme(Pat) 59

S.B.SANYAL
Punit Rai – Appellant
Versus
Additional Member, Board of Revenue, Bihar – Respondent


Advocates Appeared:
For the petitioners: H. N. Sahay
For the respondent: Mr. K. K. Ghose.

JUDGMENT :

Satya Brata Sanyal. J.-This writ application is at the instance of the purchasers. It arises out of a proceeding under section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, hereinafter to be referred to as "the Act".

2. For determination of the question involved in this writ petition, facts in detail are not necessary. Suffices it to say, on 7.12.1972 (Annexure 4) petitioner no.1 purchased plot nos. 1484, 1416, 7094, 19 and 26, a total area of 82 decimals situated in village Haldi Chapra, P. S. Maner, district Patna. Admittedly these are plot scattered at different places and do not constitute one block. Petitioner no. 1 claimed to be adjacent raiyat of plot nos. 1416 and 7094 being owner of plot no. 1415 and plot no. 7. Petitioner no. 1 claims that he is joint with his brother Police Rai and others. They are all sons of Dhorha Rai, who is the grandson of Jodhan Rai. It is, therefore, said that even thought the name of Police Rai appears in the records with respect to adjacent plot nos. 1415 and 7, be is joint with his brother and he is to be treated as an adjacent raiyat. Petitioner no. 1 claims that he being an adja










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