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2002 Supreme(Jhk) 428

M.Y.EQBAL
Shyam Narayan Tiwary – Appellant
Versus
State Of Bihar – Respondent


ORDER

M.Y. Eqbal, J.

1. This writ application is directed against the order dated 20.6.2000 passed by the Deputy Collector. Land Reforms, Ranchi in Mutation Case No. 2/99-2000, order dated 23.10.1998 passed by Circle Officer, Ranchi in case No. 2669 R-27 of 1989-90 whereby prayer of the petitioner for making correction in Register II in respect of lands of Khata No. 362, plot Nos. 1996 to 1998 having an area of 5.80 acres has been rejected.

2. The case of the petitioner is that he along with his brothers (proforma respondents) are the occupancy raiyats of the land which was part and parcel of Survey Khewat No. 2/.l of village Misirgonda and it was recorded as tenure interest of Mahadeonath Misir and Makhsudannath Misir of village Tanti having 4 annas share. The disputed plots which was consisted of a tank and pind, was recorded within Khewat No. 15 which was joint khewat of Khewatdars. Petitioners further case is in 1942 there was partition of land of R.S. Khewat No. 15, Khata No. 362, Plot Nos. 1996, 1997, 1998 and 1999 fell in the share of Mahadeonath Misir and Makhsudannath Misir who came in exclusive possession of the same and use the tank for irrigation and fishing purpose. In 19















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