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2011 Supreme(Jhk) 1008

N.N.TIWARI
Shivnandan Patar – Appellant
Versus
Circle Officer, Simdega lit – Respondent


Advocates Appeared:
Jai Prakash. Sr. Adv. Chaitali C.
Sinha and Yogesh Modi. for the petitioner.
JC to SC. (Land Celling). for the respondents.

ORDER

By the Court.-In this writ petition petitioner has prayed for setting aside the order dated 2.7.2005, whereby the learned Court below has refused to call for the original records from the office of the Circle Officer, Simdega unless and until the certified copy of those records are filed.

2. It has been stated that the xerox copy of the order was filed and prayer was made to call for the records on the ground that the certified copy of the order has not been issued by the Circle Officer.

3. It has been further stated that the suit itself has been filed against the Circle Officer and he was the defendant in the suit and that in his presence the petitioner had made statement that the application was made for obtaining the certified copy but the same has not been given to the petitioner. In that circumstance the petitioner annexed the xerox copy of the documents and made prayer to call for the regards from the office of Circle Officer before the examination of the Halka Karmachari.

4. It has been stated that the suit has been filed against the Circle Officer and others when final order was not passed in the rent fixation case, which was pending since long before the Circle Officer.








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