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2015 Supreme(Pat) 875

JYOTI SARAN
Shanti Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mahesh Narayan Parbat, Sr. Adv. Mr. Ved Prakash Srivastava, Adv. Mr. Deota Charan Dubey, Adv. Mr. Chandra Shekhar Jha, Adv.
For the Respondents: Mr. Rajeev Kumar Singh, GP-2 Mr. Praveen Kumar Agrawal, Adv.
For the private respondents: Mr. Radhey Shyam Prasad, Adv.

JUDGMENT

This writ petition under Article 226 of the Constitution of India has been filed with the prayer to issue a writ in the nature of certiorari for quashing the order dated 26.5.1998 passed by the Additional Collector, Patna in Misc. Appeal No. 2 of 1997-98 whereby the Additional Collector has confirmed the order dated 27.6.1997 passed by the Deputy Collector Land Reforms in Misc. Case No. 3 of 1992-93 whereunder the Jamabandi running in the name of the petitioner has been cancelled. Copy of the orders passed by the Additional Collector and the Deputy Collector Land Reforms are annexed vide Annexures 7 and 6 respectively to the writ petition.

2. The land in dispute pertains to Khata No. 367 (Khata No.342 in the impugned orders), Plot No. 855 Tauzi No. 2901 having an area of 4.74 acres situated in Mauza Naubatpur in the district of Patna. The land is recorded as ‘Gairmajarua Parti Kadim’ and is in the nature of ‘Bakast’ land of the ex-landlord. The petitioner claimed to be the proprietor of the land having received the same through partition vide Partition Case No. 42 of 1921-22.

3. It is the case of the petitioner that the land in question forms part of the Tauzi No. 2901 which






















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