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2004 Supreme(Jhk) 170

M.Y.EQBAL
Jitan Mahto – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the State. Inspite of service of notice the respondent No. 6 who is the contesting party neither appeared nor filed counter affidavit.

2. The petitioner has challenged the order dated 25.7.1991 passed by- the Sub Divisional Officer, Giridih in case No. 174/ 85-86 whereby he agreed to the proposal/ recommendation made by respondent No. 4 and 5 namely Anchal Adhikari and Land Reforms Deputy Collector and cancelled the zamabandi which was running in the name of the petitioner.

3. The facts of the case lies in a narrow compass.

The petitioners case is that the land in question comprised within Khata No. 181, Plot No. 248 and 249 were recorded in the Revisional Survey record of right in the name of Kashi Nath Ram & Ors. being Khewat 4/3. The said land was settled in favour of Mitan Mian son of Ramjan Mian. About 60 years ago Mitan Mian died issue-less and the land was resumed by the landlord. After vesting of Zamindari one Badri Prasad became raiyat of the land and rent receipts were issued in his name by the State of Bihar. Badri Prasad sold the land to the petitioner in 1



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