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2024 Supreme(Jhk) 124

ANANDA SEN
Antardhari Sao – Appellant
Versus
State of Jharkhand, through its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K. Sahani, Advocate
For the Respondent: Mr. Gaurav Raj, A.C. to A.A.G. II

ORDER :

ANANDA SEN, J.

1. By filing this writ petition, the petitioner has prayed to quash the notice dated 13.02.2019 (at Annexure-8) issued by the respondent no.3 the Additional Collector, Ramgarh whereby a proceeding under Section 4 (h) of the Bihar Land Reforms Act, 1950 (hereinafter referred as “the Act, 1950” for the sake of brevity) has been initiated against the petitioner.

Further the petitioner has prayed to quash the notice dated 04.12.2018 (Annexure-7) issued by the respondent no. 6 the Circle Officer, Mandu, Ramgarh intimating about the initiation of proceeding initiated under Section 4(h) of the Act 1950.

2. Learned counsel for the petitioner submits that the both these notice are bad and without jurisdiction. He submits that notice issued under Section 4(h) of the Act, 1950 could not have been issued after a lapse of considerable period (which is more than 67 years in this case) from the date of transfer. It is his case that the State cannot, take a circuitous route by initiating a proceeding under Section 4(h) of the Act, against the petitioner and seek to evict him. As per him in O.S. No. 79 of 2004 between Kameshwar Prasad and others Vs. State and the petitioner, when

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