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2006 Supreme(Jhk) 1260

AMARESHWAR SAHAY
Bharat Coking Coal – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Anoop Kr. Mehta and P.K. Choudhary, Adv.
For Respondents/Defendant: P. Modi, GP-I

JUDGMENT

Amareshwar Sahay, J.

1. The petitioner M/s Bharat Coking Coal Limited, a Government Company and a subsidiary of Coal India Limited has filed this writ application for quashing of the order dated 19/12/1990 (Annexure-1), i.e. the order passed by Respondent No. 4 the Assistant Settlement Officer, Dhanbad, rejecting the objection under Section 83 of the Chhotanagpur Tenancy Act filed by the petitioner, the order dated 19/03/1994 (Annexure-2) passed by Respondent No. 3 the Charge Officer, Dhanbad, dismissing the revision filed by the petitioner under Section 89(1) of the Chhotanagpur Tenancy Act and also the order dated 27/03/1999 as contained in Annexure-4, passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, Respondent No. 2 herein, disposing of the appeal filed by the petitioner, under Section 89(2) of the Chhotanagpur Tenancy Act read with Rule 74 of the Chhotanagpur Tenancy Rules.

2. The dispute between the parties is with regard to 2.06 acres of land of C.S. Plot No. 122, Khata No. 14 out of the total area measuring 645.03 acres of land situated in Village Bherakatta of Bastacola Coal Company Limited, Dhanbad.

3. According to the petitioner, in the recent Rev









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