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2019 Supreme(Pat) 872

AHSANUDDIN AMANULLAH
Sk. Manjur @ Shekh Manzur – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jai Krishna Prasad
For the Respondent: Mr. Majid Mahboob Khan

JUDGMENT :

Heard learned counsel for the petitioners and learned AC to AAG 12 for the State.

2. The petitioners have moved the Court for the following reliefs:

    “(I) That to declare the order passed by Respondent no. 3 on 17.10.2019 is null and void as the same is thoroughly perverse and suffers from the malady of suppressio veri suggestio falsi i.e. concealment of the provision of law and facts as well and that the claim of respondent no. 9 is of declaration of Title without possession which can be decided by Civil Court, Only.

(II) That the petitioner and his wife are real owners of the land by virtue of 3 Registered Sale Deeds having peaceful possession annexed herewith, executed by Respondent no. 10 own brother of this petitioner (Sk. Manjur) and Respondent no. 3 has knowingly and willfully failed to consider the material evidence.

(III) That it be declared that Mutation granted in favour of Sk. Mangania (respondent no. 9) is utter violation of the inaudatory provision of Section 5 of The Mutation Act read with Rule 5 (2) (6) of The Bihar Mutation Rules, 2012, and even notice could not be issued with all dishonest intention. Even proper time, required to be allowed, was not allowed.

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