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2018 Supreme(Jhk) 1355

RAJESH SHANKAR
Abid Hussain Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saibal Mitra.
For the Respondents: Mr. Amar Kumar Sinha, Md. Imtiaz Khan.

ORDER :

1. The present writ petition has been filed for quashing the order dated 23rd May, 2017 (Annexure-6 to the writ petition), passed by the Additional Collector, Garhwa-respondent no. 2 in L.C. Appeal No. 7 of 2011-12, whereby the prayer of the petitioners in respect of substitution of their names in place of the deceased Athar Hussain Ansari has been rejected.

2. The factual background of the case as stated by the petitioners in the writ petition is that one Hamida Bibi had sold the land pertaining to Plot No. 1334/1535, village Korwadih, measuring an area of 0.15 acre to Md. Tufail Ansari and others. Thereafter Athar Hussain Ansari filed one L.C. Case No. 5 of 2009-10 under Section 16(3) of the Bihar Land Reforms Act, 1962 for pre-emption which was allowed vide order dated 26.05.2011 passed by the Land Reforms Deputy Collector, Garhwa. Aggrieved thereby, Md. Tufail Ansari and others filed L.C. Appeal No. 7 of 2011-12 in the Court of Additional Collector, Garhwa, however, during the pendency of the said appeal, the respondent Athar Hussain Ansari died. The appellants of the said case got Janwi Bibi-respondent no. 8, Azhar Hussain Ansari-respondent no. 9, Rubeida Bibi-respondent















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