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2003 Supreme(Jhk) 264

TAPEN SEN
Jagat Nath Mukherjee – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Tapen Sen, J.

1. The petitioners pray for quashing the order dated 22.8.1984 as contained at Annexure-1 by which the Deputy Commissioner, Hazaribagh resumed the land belonging to the petitioners. The petitioners further pray for issuance of a writ of mandamus commanding the respondents, specially the respondent Nos. 3 and 4, to pass appropriate orders in terms of the order of the Commissioner, Land Reforms passed on 28.2.1990 in L.A. case No. 51 of 1989. The petitioners also pray issuance of a writ of mandamus commanding the respondents to renew the lease of the petitioners and not to interfere with their possession.

2. According, to the petitioners, the land in dispute relates to plot Nos. 121. 122. 123 and 124 measuring an area of 3.57 Acres situated on holding No. 121 of Village-Hazari in the District of Hazaribagh. The land is a Khas Mahal Land and it was given as a Building Lease in the year 1918 for a period of 30 years. Thereafter, the lease was renewed for a fresh period of 30 years on 19.6.1948 whereafter an application for renewal was again placed for consideration in the year 1976. The petitioners have stated that during the pendency of the aforementioned renewal a



























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