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2022 Supreme(Jhk) 310

RAJESH SHANKAR
Maulana Shaffique Alam @ Shafique Alam – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arshad Hussain, Mr. Haidar Ali, Advocate
For the Respondent:Mr. A.K. Thakur, Mr. Sudhir Kumar Sharma, Mr. Shashi Shekhar Dwivedi, Advocate

JUDGMENT :

The present writ petition has been filed for quashing the order dated 01.03.2019 (Annexure-6 to the writ petition) passed in Revision Case No. 52/2003 whereby the respondent No.2 has recalled the earlier order dated 27.07.2018 and allowed the substitution petition filed by the respondent Nos. 5(a) & 5(b), who happen to be the legal heirs of the original respondent No.5 (since deceased).

2. The factual background of the case, as stated in the writ petition, is that the land appertaining to Khata No. 22, Plot No. 340, Village-Pindarkom, P.S-Hatia, District-Ranchi, measuring an area of 1.15 Acres was recorded in the Revisional Survey Record of Rights as raiyati land jointly in the name of the petitioner’s ancestors and the respondent Nos. 6 to 21. The respondent Nos. 6 to 12 sold a portion of the said land admeasuring 23 Decimals to the father (Late Md. Israfil) of the respondent Nos. 5(a) & 5(b) by virtue of registered sale deed No. 8734 dated 7.8.2001. The petitioner and his brothers, having come to know about the said transfer, filed an application being Pre-emption Case No. 19/2001-02 under Section 16(3)(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisiti

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