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2018 Supreme(Pat) 1554

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


Advocates Appeared:
For the Appellant :Mr. Shri Nandan Pd. Singh and Mr. Naresh Nandan, Advocates
For the Respondent: Mr. Parijat Saurav, AC to AAG-10

JUDGMENT :

Jyoti Saran, J.

Heard Mr. Shri Nandan Prasad Singh, learned Counsel for the petitioners and learned Counsel for the State.

2. The petitioner is aggrieved by the order dated 23.07.1993 passed by the Deputy Collector, Land Reforms, Aurangabad, whereby the demand created in the name of the petitioner in 1963 vide Annexure-1 has been cancelled on a mere recommendation of the Circle Officer.

3. The writ petition was admitted for hearing vide order passed on 23.03.1994 and is taken up for hearing today.

4. Two grounds have been raised by Mr. Singh to question the order, namely:

(a). The order of the Deputy Collector, Land Reforms, Daudnagar, Aurangabad, impugned at Annexure 3, is non-speaking; and

(b). The order is wholly without jurisdiction as no jurisdiction is vested in the Deputy Collector, Land Reforms to cancel the Jamabandi.

5. Learned Counsel in support of his submissions has relied upon the following judgments:

(i). 1978 BBCJ 323 (Harihar Singh vs. Addl. Collector, I/C Land Reforms.)

(ii). 1983 PLJR 727 (Khiru Gope & Ors. vs. Land Reforms Deputy Collector, Jamui & Ors.)

(iii). 1990 (2) PLJR 819 (D.N. Jatia vs. the State of Bihar & Ors.)

(iv). 2005 (2) PLJR 381 (Bhola Jha vs. the





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