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2024 Supreme(Pat) 121

PRABHAT KUMAR SINGH
Rina Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nitesh Kumar.
For the Respondents: M/s Md. Khurshid Alam (AAG-12), Nutan Sahay, AC to AAG-12.

Prabhat Kumar Singh, J. – This writ application has been filed for quashing the initiation of jamabandi cancellation proceeding which was registered as Jamabandi Cancellation Case No. 25/2021-22 and further to quash the notice dated 13.07.2021 issued to the petitioner by the respondent no. 2 as the notice itself is beyond jurisdiction since the notice does not disclose the reason which is the mandatory requirement, as contemplated under Section 9 of the Bihar Land Mutaion Act, 2011 (hereinafter referred to as the ‘Act, 2011’) and also to grant any other relief/reliefs to which the petitioner is found entitled to including the cost of this proceeding.

2. The case of the petitioner, in short, is that the land appertaining to Khata no. 616, Survey Plot no. 314 (in part) area ad-measuring 10 dhur which is equivalent to 1.5625 decimal of land situated at Mauza - Manpur Bairiya, Thana Code no. 174, Tauzi no. - 360 has been purchased by the petitioner through absolute sale-deed dated 11.03.2015 from Ranjan Kumar and Chandan Kumar both sons of Sri Surendra Prasad Sinha. After the purchase of aforesaid land through the registered sale-deed, the petitioner applied for mutation before the resp

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