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1970 Supreme(Pat) 39

S.C.MISRA, A.B.N.SINHA
AMBIKA PRASAD THAKUR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Messrs Kailash Roy, Binod Kumar Roy, Ram Suresh Roy and Krishna Prakash Sinha for the Petitioners; Shri Jagdish Swaroop, Solicitor General of India, and Messrs S. Sarwar Ali, A.B.S. Sinha, Shashi Kumar Sinha, Tarakant Jha, Ugra Singh, and Ramjee Sharan for the Respondents.

JUDGMENT

A.B.N. Sinha, J.

The petitioners in all these applications along with nine persons, who have been allowed to intervene in C.W.J.C. 272 of 1969 in support of the petition, have prayed for an appropriate writ or direction restraining the respondents, in particular respondents 4 and 5, from proceeding further in the process of demarcation and fixation of boundary between the State of Bihar and Uttar Pradesh in any manner which might transfer part or whole of their lands or entire villages which were hitherto within the territory of Bihar to the State of Uttar Pradesh. The petitioners in C.W.J.C. no. 272 of 1969 and the intervenor-respondents are tenant residents of villages Gangauli and Rajapur respectively, both situate within Simri Police-station in the district of Shahabad. Their case, in brief, is that respondents 4 and 5 were illegally fixing the boundary line between the two States right across the villages of Dubha-Toufir, Gangauli Tofir and Kharah-Tanr-Toufir, which besides being in contravention of the provisions of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (hereinafter referred to as "the Act") was inconsistent with several judgments and orders




















































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