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1986 Supreme(Pat) 32

U.P.SINGH
Rohini Kumar Chatterjee – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s S.B. Sinha, V. Shivnath, M.K. Laik and R.K. Marathia
For the Respondents: M/s John Kandulna and Anil Kumar, J.C. to G.P. II.

JUDGMENT :

U.P. Singh, J.

In this writ application, the petitioner has challenged the ORDER :s dated 19.1.1976 and 11.1.1980 contained in Annexures-5 and 7 respectively. By an ORDER :dated 19.1.1976, the Land Reforms Deputy Collector (L.R.D.C.) annulled the settlement of 4.17 acres of land alleged to have been settled with the petitioner by the ex-landlord in the year 1936. On appeal, the Deputy Commissioner, Dhanbad agreed with the recommendation of the L.R.D.C. that the alleged settlement should be annulled under section 4(h) of the Bihar Land, Reforms Act.

2. The short question which falls for consideration is whether respondents 2 and 3 had the jurisdiction to initiate a proceeding under section 4(h) of the Act in respect of the settlement of a land in the year 1936. The provision of section 4(h) of the Act may be noticed:

"4(h): The Collector shall have power to make inquires in respect of any transfer including the settlement, or lease of any land comprised in such estate or tenure or the transfer of any kind of interest in any building used primarily as office or cutchery for the collection of rent of such estate or part thereof, and if he is satisfied that such transfer was mad







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