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2013 Supreme(Pat) 674

AJAY KUMAR TRIPATHI
Sheo Prasad Sinha – Appellant
Versus
State Of Bihar through Additional Secretary, Department Of Land and Revenue Reforms, Patna. – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. Mukeshwar Dayal Mr. Vikas Mohan
For the Respondent/s: Mr. Zaki Haidar, AC to GA 6

ORDER

A serious decision having serious consequences for a citizen cannot be taken in a cursory fashion. This is one of those cases in which such a situation seems to have arisen. The above observation is based on the material or evidence, which has been brought by the State counsel in the supplementary counter affidavit, which came to be filed on 23.1.2013 as well as on the basis of Annexure- A, and the so-called noting of the Collector or the Additional Collector recorded in the file.

2. The background to the present dispute is that the original petitioner has been a lessee of a piece and parcel of land, which is a Khas Mahal land. The requisite deed with regard to the said land was executed many many years ago, to be precise in the year 1931 and 1941. An application came to be made on the basis of a so-called inquiry or report that the petitioner has violated the lease conditions by commercially exploiting the land when the settlement was for a dwelling unit. Notices came to be issued purportedly on the said violation but there is no clear cut evidence emerging there from. The Court has no hesitation in saying so after the best piece of evidence was brought by the State or the d





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