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2013 Supreme(Pat) 563

S.N.HUSSAIN, AHSANUDDIN AMANULLAH
Ramayan Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants:Mr. Nitya Nand Mishra, Advocate Mr. Balmeeki Pandey Bhaskar, Advocate.
For the Respondents:Mr. Shashi Shekhar Dvivedi, Senior Advocate with Mr. Ranjan Kumar Dubey, Advocate Mrs. Sangeeta Sharma, Advocate

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)


Heard learned counsel for the appellants, learned counsel for the State of Bihar and its authorities as well as learned counsel for the private respondents.

2. This case has a chequered history as initially CWJC No.4905 of 1994, CWJC No.5014 of 1994 and CWJC No.1606 of 1995 were filed by three different sets of persons against the respondents, who were common in all the three writ petitions. In all the aforesaid three writ petitions, the subject matter of challenge was the order of Circle Officer, Bijayipur, District Gopalganj dated 30.12.1992 cancelling Jamabandi in favour of the petitioners and creating Jamabandi in favour of private respondents and also the order of the Collector Gopalganj dated 08.03.1994 giving directions with respect to the aforesaid order of the Circle Officer. All the said writ petitions were contested by the respondents and were finally allowed by the learned Single Judge vide order dated 01.02.1996 and the impugned orders under challenge were quashed on the grounds (i) that no notice was given to the writ petitioners before cancellation of their Jamabandi; (ii) that Jamabandi cannot be cancelled by t










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