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PARTHA SARTHY
Arun Kumar Goenka – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—Heard learned counsel for the parties.
2. The instant application has been filed for the following relief(s):—
“1. That the present writ application is being filed in the nature of Certiorari for setting aside the notice bearing memo no. 1359 dated 05.07.2019 issued under Section 4(h) under the Bihar Land Reforms Act, 1950 bearing case no. 01/2019 with regard to the property situated in Mauja Salaiya, Thana No. 89 Khata No. 52, Plot No. 1156, area 61.85 acre, Khata No. 53, Plot No. 1155, area 100.60 acre, Mauja Suarkol, Thana 88, Khata No. 76, Plot No. 804, area 31.50 acre marked as Gairmajarua (Annexure-P/11); on the ground that the said notice is without making the appropriate enquiry pertaining to the land before claiming to be a public land, without clarifying the actual state of affair, without verifying the nature of the land in question etc., without issuance of public notice, without issuance of notice under Rule-4 Form B-1 of the Bihar Land Reforms Rule, 1951 which itself vitiates the entire proceeding;
For any other relief/ reliefs for which the petitioner is entitled for;”
3. The case of the petitioners in brief is that Arun Kumar Goenka (petitioner no.1) a
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
The main legal point established in the judgment is that the settlement made in favor of the vendors of the writ petitioners had already attained finality by the order of the Patna High Court, and th....
The court established that statutory powers must be exercised within a reasonable time frame, even in the absence of a specific limitation period, to prevent abuse of authority and protect settled ri....
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