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2014 Supreme(Pat) 560

R.M.DOSHIT, ASHWANI KUMAR SINGH
Maheshwar Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s Yogendra Mishra, Uma Kant Tiwary, Binod Kumar.
For the Respondent No. 4: Ms. Kumari Ritambhara.
For the State: M/s Lalit Kishore, Piyush Lall, Ram Kishore Singh, Syed Hussain Majeed, Shashi Priya Pathak.

Judgment

This Petition under Article 226 of the Constitution has been filed by a father and the son Maheshwar Mandal and Sanjay Mandal to challenge the order dated 27th December, 2011 made by the Competent Authority-cum-Deputy Collector Land Reforms, Forbesganj, Araria in B.L.D.R. Act Case No. 91 of 2011-12 in exercise of power conferred by the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as "the Act of 2009"). The petitioners have also challenged the constitutional validity of the Act of 2009.

2. One Jashoda Devi, the respondent no. 4, wife of one Gosai Mandal approached the Competent Authority under the Act of 2009 for a declaration that she is the owner of the disputed parcels of land (hereinafter referred to as "the suit land") and that she is entitled to the possession of the suit land. She complained that the petitioners herein had forcibly dispossessed her. She, therefore, be put in possession of the suit land. The case was contested by the writ petitioners. According to them, the suit land was part of the lands inherited by the petitioner no. 1 and his brothers from their father Bachchi Mandal. It was the ancestral property inherited from the original own































































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