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1973 Supreme(Pat) 240

PATNA HIGH COURT
S.N.P.SINGH, S.P.SINHA
Taramani Devi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Petitioner: Basudeva Prasad, B. Choudhury and Mrs. Renuka Sharma
For Respondents: Gupteshwar Pd. and Tara Kant Jha and Debeshwar Prasad Jha

S.N.P. SINGH, J.

In this writ application under Articles 226 and 227 of the Constitution Srimati Taramani Devi, the petitioner, has challenged the validity of the notice dated the 19th of December, 1970 issued by the Cantonment Board, Dinapore, under Section 185(2) of the Cantonments Act, 1924, hereinafter to be called "the Act" (Annexure-7) and the order dated the 22nd of July 1968, passed by the Officer Commanding-in Chief. Central Command (respondent No. 2) under Section 52(1)(b) of the Act (Annexure-8).

2. The petitioner resides in a house standing on survey plot Nos. 47/288 and 47/289 bearing holding Nos. 86 and 67 of Mahal I, Ward No. VI of the Dinapore Cantonment. In the month of November, 1967, the petitioner made an application before the Dinapore Cantonment Board (hereinafter to be called "the Board") under Section 179 of the Act for addition of two rooms with lavatory and bath room in the first floor of the building and submitted the plan. The application of the petitioner was considered by the Board and by Resolution No. 2 dated the 30th of January, 1968, the sanction was accorded. According to the resolution the petitioner was required to start work within one year from
















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