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2013 Supreme(Pat) 989

RAMESH KUMAR DATTA
Archana Devi @ Archana Kumari – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Petitioner:Mr. Baxi S.R.P. Sinha, Sr. Advocate with M/s Rahul Nath & Sanjay Kumar, Advocates
For the Respondents: Mr. Jainendra Kumar Sinha, AC to GA 6

Order

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks quashing of the order dated 10.8.2012 passed by the Collector, Munger in Encroachment Case No.1 of 2012-13 (Appeal) by which he has dismissed the appeal filed by the petitioner against the order dated 12.6.2012 passed by the Sub-Divisional Magistrate, Sadar, Munger in Encroachment Case No. 11 of 2011-12 by which the petitioner had been directed to vacate the entire house with other structures standing on the land mentioned therein and further seeks quashing of the order dated 12.6.2012.

3. The facts of the case relevant for the decision of the present matter are that the Khas Mahal house bearing Tauzi No. 1333, Jamabandi No.44, Khata No. 41, Khesra Nos. 166, 167 and area 14 khata 15 dhurs, holding Nos. 20 and 21, Ward No.1 under Fort Area, Munger, P.S. Kotwali, District Munger was initially leased to one Nirmalendu Mukherjee and others. The stand of the petitioner is that the same was sold by the original lease holders to Smt. Rama Devi through registered sale deed dated 8.12.1981. After the said sale Rama Devi filed an application for renewal of the lease on 18.11.1991 before the









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