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1959 Supreme(All) 100

B.R.JAMES
DAN SINGH BIST – Appellant
Versus
ADDITIONAL COLLECTOR, BIJNOR – Respondent


Advocates Appeared:
G.S.PATHAK, K.B.ASTHANA, S.C.KHARE

B. R. JAMES, J.


( 1 ) HAS the High Court the power to recall and correct an invalid or manifestly erroneous order passed by it in the exercise of its jurisdiction under Article 226 of the Constitution, is the problem which these four applications raise, a problem which I confess is not capable of an easy solution inasmuch as it is not covered by authority.

( 2 ) THE circumstances which have led to these applications fire briefly these. One Thakur Dan singh Bist held zamindari rights in two villages in district Bijnor. The State Government acquired his rights under the provisions of the Land Acquisition Act, but by certain orders of 1952 and 1955 released cultivatory rights in his favour in respect of a certain area in the two villages, and he utilised this area as a modern farm. Subsequently the State Government decided to evict him from the land and to recover damages for its use and occupation. Accordingly proceedings, were started against him under the U. P. Government Land (Eviction and Rent recovery) Act (U. P. Act No. XXIX of 1953), and on their completion the Additional Collector of Bijnor passed four orders dated 14-5-1957 directing his eviction from the area in question an









































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