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2002 Supreme(Jhk) 786

SUDHANSU JYOTI MUKHOPADHAYA, LAKSHMANA RAO
LATA SONI – Appellant
Versus
JAMSHEDPUR NOTIFIED AREA COMMITTEE – Respondent


Advocates Appeared:
ANIL SINHA, G.N.Chandra, MANISH KUMAR, N.K.PRASAD, Nilesh Kumar, P.K.PRASAD, S.K.DWIVEDI, S.L.AGARWAL

Judgment :

S. K. MUKHOPADHAYA, J.

( 1 ) AS all the three appeals arise out of a common judgment dated 14/01/2000, passed by the learned single Judge in C. W. J. C. Nos. 1757 of 1999 (R), 1835 of 1999 (R) and 1867 of 1999 (R) (reported in AIR 2000 Pat 141), and common question of law is involved in all of them, they have been heard together and are being disposed of by this common judgment. All the writ petitions had been preferred by the tenants against the threat of demolition by Jamshedpur Notified Area Committee (Committee for short) under Section 194 of the Bihar and Orissa Municipal Act (Municipal Act for short) and for declaration that the threat of demolition of the tenanted premises by the Committee was absolutely illegal, arbitrary, mala fide and against the law. It was alleged that the action of threat for demolition was taken at the instance of Landlords (who are appellants here in these appeals) to evict the writ petitioners-tenants from the tenanted premises. During pendency of the writ petitions, one of the tenanted premises of the petitioner of C. W. J. C. No. 1867 of 1999 (R), namely, Madhu Jha, was demolished. The learned Single Judge by the impugned judgment dated














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