Partly allowed

Md. Tanweer Mohsi and Ors. v. The State Of Bihar and Ors.

Patna HC16 Sept 2016CWJC/8570/2014

Case brief

AI extract

What is this about?

The High Court directed the District Collector, Kishanganj, to decide the petitioners' objections regarding 8.23 acres of land claimed to belong to them rather than a former landholder. The court granted liberty to file a fresh objection petition and directed that possession be withheld from red-card holders until final disposal.

What did the court decide?

Liberty to file fresh objection petition; District Collector directed to decide objection after hearing; possession withheld from red-card holders till final disposal.

Md. Tanweer Mohsi and Ors. Vs The State Of… — Public Procurement and Tenders | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.8570 of 2014

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=========================================================== 1. Md. Tanweer Mohsi
2. Tauqueer Mohsi @ Tauqueer Ahmad 3. Tazhir Mohsi
4. Aquabateen Nisha W/o Late Ali Ahmed, Petitioner no. 1 to 3 are sons of Late Ali Ahmad and all are resident of Village- Kamati, P.O- Tarabari, District- Kishanganj.
5. Wakila Khatoon D/o Late Ali Ahmad and W/o Manzar Alam, R/o Baghicha, P.O- Bhorodha at Bahadurganj, District- Kishanganj.
6. Yasmin Begam @ Yasmin D/o Late Ali Ahmad and W/o Md. Aslam, R/o Bhoradha, P.O- Bhoradha at Bahadurganj, District- Kishanganj.
7. Shahin Begam D/o Late Ali Ahmad and W/o Mahboob Alam, R/o Baghicha, P.O- Bhoradha at Bahadurganj District- Kishanganj
, 8. Talet Jabin D/o Late Ali Ahmad and W/o Md. Tahsib, R/o Kanta Tappu, P.O- Tarabari, District- Kishanganj.
9. Md. Nasar Alam S/o Late Abdus Samad
10. Sarfaraz Ahsan S/o Late Abdus Samad
11. Talat Qureshi W/o Late Quaiser Alam and daughter in law of late Abdus Samad
12. Sajeda Khatoon D/o Late Abdus Samad and W/o Late Raisuddin, R/o Doodhounti, P.O- Jirangachh at Thakurganj, District- Kishanganj.
13. Umda Khatoon D/o Late Abdus Samad and W/o Late Abdul Jalil R/o Kurhela at Bahadurganj, District- Kishanganj.
14. Shakila Khatoon D/o Late Abdus Samad and W/o Hasibur Rahman, R/o Altabari, P .O- Gangihat at Bahadurganj, District- Kishanganj
15. Jahan Ara Begam D/o Late Abdus Samad and W/o Mahboob Alam, R/o H.N. Kumhia, P.O- Lohagara Hat, District- Kishanganj.
16. Roshan Ara D/o Late Abdus Samad and W/o Mujahir Alam, R/o Lohagara, P.O- Lohagara, District- Kishanganj. .... .... Petitioner/s Versus
1. The State of Bihar.
2. The Collector, Purnea
3. The Additional Collector, Purnea
4. The Deputy Collector, Land Reforms, Kishanganj
5. The Circle Officer, Dighal Bank, District- Kishanganj, the Collector, Kishanganj
. 6. The Collector Kishanganj.
, 7. Farooque Azam S/o Late Abdul Razzaque, R/o Village- Kamati, P.S- Dighalbank, District- Kishanganj.
8. Mujahidul Islam S/o Late Latafat Hussain and second grand son of Late Abdul Razzaque R/o Village Kamti PS- Dighalbank District- Kishanganj
, . , . 9. Abdul Kalam S/o Late Latafat Hussain and second grand Son of Late Abdul Razzaque, R/o Village- Kamati, P.S- Dighalbank, District- Kishanganj.
10. Asmat Begam W/o Matibur Rahman and Second grand daughter of Late Abdul Razzaque, R/o Altabari, P.S- Bahadurganj, District- Kishanganj.
11. Rukhsana Khatoon W/o Md. Khalid and Second grand daughter of Late Abdul Razzaque, R/o Natuapara, P.S- Bahadurganj, District- Kishanganj. 12. Anwar Alam S/o Ashrraque Alam, Second grand of son of Late Abdul

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Razzaque, R/o Maltola, P.S- Dighalbank, District- Kishanganj.

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1. Ansar Alam S/o Ashfaque Alam, Second grand of Late Abdul Razzaque, R/o Maltola, P.S- Dighalbank, District- Kishanganj.

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1. Afsana Farhat W/o Mujahidul Islam S/o Late Latafat Hussain and second grand daughter of Late Abdul Razzaque.

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1. Sabana Begum W/o Mujahid Alam and second grand daughter of Late Abdul Razzaque, R/o Village- Sameshwar, P.S- Bahadurganj, District- Kishanganj.

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1. Pano Devi W/o Late Mahendra Mochi

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Barat Lal Mochi S/o Late Mahendra Mochi

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Shankar Lal Mochi S/o Late Mahendra Mochi

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Bina Devi W/o Late Motilal Mochi and daughter in law of Late Mahendra Mochi, All petitioner no. 16 to 19 are R/o Village- Kamati, P .O- Tarabari, District- Kishanganj.

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Mahadeo Mochi S/o Lakhan Mochi, R/o Village Kamati, P.O- Tarabari, District- Kishanganj.

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Sohagiya Devi W/o Late Nunu Lal Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Ram Bharosh S/o Late Nunu Lal Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Sitaram S/o Late Nunu Lal Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Waquil Mushar S/o Late Nunu Lal Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Kapoorani Devi D/o Late Badri Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Marni Devi D/o Late Badri Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Raj Kumar Mushar S/o Late Pulkit Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Vijay Ram Mushar S/o Late Pulkit Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Kusum Lal Mushar S/o Late Pulkit Mushar, R/o Village- Ikra, P.O- Lohagra Hat, District- Kishanganj.

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Uttam Lal Mushar @ Anteem Lal Mushar S/o late Pulkit Mushar, R/o VillageIkra, P.O- Lohagra Hat, District- Kishanganj.

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Ram Khelawan Mushar S/o Late Boochai Mushar, R/o Village- Ikra, P.OLohagra Hat, District- Kishanganj.

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Sahiboo Mushar @ Sahi Mushar S/o Late Panchu, R/o Village- Ikra, P.OLohagra Hat, District- Kishanganj.

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Mantri Mushar S/o Late Panchu, R/o Village- Ikra, P.O- Lohagra Hat, DistrictKishanganj.

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Mahaveer Mushar S/o Late Shanichar Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Gopi Mushar @ Opi Mushar S/o Late Shanichar Mushar, R/o Village- Ikra Milik, P.O- Lohagra Hat, District- Kishanganj.

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Shri Chandra Mushar S/o late Sanichar Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Bhola Mushar S/o Late Maheshwar Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Jirya Devi W/o Late Nago Mushar

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Baccha Devi W/o not known daughter in law of late Nago Mushar, Both are R/o Village- Kamati, P.O- Tarabari, District- Kishanganj.

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Jhara Devi W/o Late Lakhan Mushar

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Jagesh Mushar S/o Late Lakhan Mushar, R/o Village Kamati, P.O- Tarabari, District- Kishanganj.

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Hira Lal Mushar S/o Late Jhingoor Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Shri Waquil Mushar S/o Late Nunu Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Mahendra Mushar S/o Late Maheshwar Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Chandra Lal Mushar S/o Late Maheshwar Mushar, R/o Village- Ikra Milik, P.O- Lohagra Hat, District- Kishanganj.

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Mahaveer Lal Mushar S/o Late Maheshwar Mushar, R/o Village- Ikra Milik, P.O- Lohagra Hat, District- Kishanganj.

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Opi Lal Mushar S/o Late Maheshwar Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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Rasho Devi W/o Late Jhingoor Mushar, R/o Village- Kamati, P.O- Tarabari, District- Kishanganj.

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Dev Kalya D/o Late Jhingoor Mushar, R/o Village- Kamati, P.O- Tarabari, District- Kishanganj.

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Videshi Mushar S/o Late Boochai Mushar, R/o Village- Ikra Milik, P.OLohagra Hat, District- Kishanganj.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Hemendra Prasad Singh, Sr. Adv.

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Mr. Satish Kumar Sinha, Adv.

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Mr. Hitesh Suman, Adv.

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For the Respondent Nos. 1 to 6 : Mr. Anant Prasad Singh, SC-15

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Mr. Hemant Pd. Singh, AC to SC-15

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 16-09-2016

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Heard the learned Senior Counsel appearing on behalf of the petitioners and the learned S.C. 15 appearing on behalf of the respondent nos. 1 to 6. However, none appears on behalf of the respondent nos. 7 to 50, though notices were issued to them by order dated 15.5.2014 and, in fact, some of them have entered appearance through their counsel, but the aforesaid counsel is not present in the Court.

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2. The matter in issue is the claim of right, title and possession of the petitioners with respect to 8.23 acres of lands, details of which have been given in Annexure-9 to the writ petition,

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which were subject matter of consideration in Land Ceiling Case No. 47 of 1973-74 started and concluded in the district of Purnea against original landholder Abdul Razzaque.

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3. It is not in dispute that the aforesaid Land Ceiling Case No. 47 of 1973-74 was started against original landholder Abdul Razzaque in the district of Purnea and draft statement under Section 10(2) of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (In short „the Act‟) was published on 20.5.1975 under the signature of the D.C.L.R., Kishanganj, wherein the landholder was shown to be in possession of 58.68 acres of total lands. After allotting one ceiling unit of the lands, the landholder was shown to be in possession of 28.68 acres of surplus lands. A copy of the draft statement published under Section 10(2) of the Act has been brought on the record as Annexure-A to the supplementary counter-affidavit filed on behalf of the respondent Additional Collector, Kishanganj. It is also not in dispute that the objections filed by the landholder Abdul Razzaque, besides others, under Section 10(3) of the Act was considered by the Collector under the Act, whereafter final publication of draft statement under Section 11(1) of the Act was made, whereby 29.29 acres of lands of the landholder were declared surplus. The aforesaid final publication of draft statement made under Section 11(1) of the Act has been brought on the record as Annexure-B to the supplementary counter-affidavit filed by the respondent Additional Collector, Kishanganj. Subsequently, by the Gazette notification dated 4^th September, 1976, aforesaid 29.29 acres of surplus lands were acquired by the State Government under Section 15(1) of the Act. Aforesaid Gazette notification has been brought on the record as Annexure-C to the aforesaid supplementary counter-affidavit filed by the respondent

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Additional Collector, Kishanganj.

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4. It is common case of the parties that at the relevant time, Kishanganj was a Sub-Division and was part of Purnea district. However, subsequently, in the year 1990 Kishanganj was made a separate district after its bifurcation from Purnea district.

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5. The grievance of the petitioners is that though they are the co-sharers of the landholder Abdul Razzaque, having their separate entity, but, at no point of time, they were either issued notice by the ceiling authority or were given any opportunity of hearing, in the aforesaid Land Ceiling Case No. 47 of 1973-74, yet 8.23 acres of lands belonging to them, fully detailed in Annexure-9 to the writ petition, were also included in the aforesaid Land Ceiling Case No. 47 of 1973-74 and were declared surplus, besides other plots of lands, and finally acquired by the State Government.

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6. The learned Senior Counsel appearing on behalf of the petitioners submits that in the aforesaid background, one Ali Ahmad and Mrs. Hadisa Khatoon wife of late Abdus Samad, who were the ancestors of these petitioners, approached this Court by filing C.W.J.C. No. 113 of 1987 raising a grievance that though 8.23 acres of lands in question belong to them, yet same have wrongly been treated as the lands of the landholder Abdul Razzaque and have been declared surplus. It is further submitted that in the aforesaid writ petition, a counter-affidavit was filed on behalf of the respondents and after considering the entire materials available on the record, a Bench of this Court [Coram: S.J.Mukhopadhaya, J as His Lordship then was] disposed of the aforesaid writ petition by an order/ judgment dated 8^th January, 1997 (Annexure-10 to the writ petition) with a certain direction to the District Collector, Purnea. Paragraph-6 of the aforesaid order contains the direction issued by this Court, which is

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re-produced herein below:

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“6. Having gone through the writ petition, enclosures attached thereto and having heard the counsel for the parties, according to this Court, the respondents should not have ordered to settle the land in question in favour of one or other person without finalising the objection petition as was filed by the petitioners. Accordingly, the Collector, Purnea is directed to finalise the matter and thereby decide the objection petition which was filed by the petitioners on which order was passed on 23.9.86. Such decision is to be taken after hearing the parties, by a reasoned order, discussing all the relevant materials and facts. Till such final decision is taken by the respondents on the objection petition of the petitioners, land in question be not distributed in favour of one or other persons.”

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7. The learned Senior counsel appearing on behalf of the petitioners, by referring to the averments made in the writ petition, contends that without complying the aforesaid order and direction dated 8^th January, 1997 (Annexure-10), red-cards have been issued to the private respondents, which cannot be sustained in law. Therefore, the petitioners have prayed for a direction to the respondent District Collector, Kishanganj to dispose of the application filed on behalf of the petitioners with respect to the lands claimed by them.

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8. In the present case a counter-affidavit was originally filed on behalf of the respondent nos. 4, 5 and 6 on 20^th July, 2016, wherein in paragraph-23 it was fairly conceded that no final order has been passed regarding the objection filed by the petitioners in the light of the order dated 8.1.1997 (Annexure-10) on the ground that on 14.1.1990 the district of Kishanganj was bifurcated from the district of Purnea and it became a separate district, but the order passed by this Court was not produced before the District Collector, Kishanganj.

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9. When this matter was taken up earlier, this Court was not satisfied with the averments made in the aforesaid counteraffidavit. Therefore, the learned SC-15 was directed to file a supplementary counter affidavit annexing the relevant notification/ Gazette notification issued under Sections 10(2), 11(1) and 15(1) of the Act. The respondent Additional Collector, Kishanganj was also directed to remain physically present before this Court along with the records of original Land Ceiling Case No. 47 of 1973-74. In the light of the previous orders passed by this Bench, a supplementary counteraffidavit has been filed by the learned S.C. 15 on behalf of the respondent Additional Collector, Kishanganj, annexing all the relevant notification/ Gazette notification. The respondent Additional Collector, Kishanganj is also physically present before this Court along with the records of original Land Ceiling Case No. 47 of 197374. The respondent Additional Collector, Kishanganj has fairly conceded that no final order has been passed in the light of the earlier order passed by this Court for the reasons disclosed in the main counter-affidavit.

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10. After having heard the parties and taking into consideration the entire factual matrices of the present case, as also the order/ judgment dated 8^th January, 1997 passed in C.W.J.C. No. 113 of 1987 (Annexure-10), which has attained its finality, this Court is of the opinion that the objections raised on behalf of the petitioners only with respect to 8.23 acres of land, fully detailed in Annexure-9 to the writ petition, must be considered and decided by the respondent District Collector, Kishanganj. The petitioners are granted a liberty to file a fresh objection petition within a period of one month from today only with respect to 8.23 acres of land with all supporting documents before the District Collector, Kishanganj, whereafter the respondent

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District Collector, Kishanganj shall pass an appropriate final order regarding the claims raised on behalf of the petitioners only with respect to aforesaid 8.23 acres of land, but before passing any final order, reasonable opportunity of hearing must be given to these petitioners, the heirs and legal representatives of original landholder Abdul Razzaque, besides others, if any.

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11. If on consideration of the materials, the District Collector, Kishanganj comes to the conclusion that these lands belong to the petitioners exclusively and were not belonging to the original landholder Abdul Razzaque, then appropriate modification/ correction shall be made in the final publication of draft statement made under Section 11(1) and the Gazette notification issued under Section 15(1) of the Act. However, if it is found that these lands were belonging to the original landholder Abdul Razzaque and were not belonging to these petitioners, then the District Collector, Kishanganj shall pass a reasoned order for coming to such conclusion, and in that case, the final publication of draft statement issued under Sections 11(1) and Gazette notification issued under Section 15(1) of the Act shall not be required to be modified/ corrected.

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12. Entire exercise must be carried out by the District Collector, Kishanganj at an early date preferably within a maximum period of four months from the date of filing of fresh objection petition by the petitioners, as indicated above.

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13. It is clarified that the petitioners shall not be permitted to raise any other issue with respect to any other lands excepting 8.23 acres of land, details of which have been given in Annexure-9 to the writ petition.

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14. It is further clarified that till the matter is finally decided by the District Collector, Kishanganj and if any private

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respondents have been issued red-cards with respect to the lands in question, as per Annexure-9 to the writ petition, then the possession shall not be given to such parcha holders till the final disposal of the matter.

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15. The original records of Land Ceiling Case No. 47 of 1973-74 produced by the Additional Collector, Kishanganj is being returned to him for taking follow up action.

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16. The writ petition stands finally disposed of with the observations and directions made above.

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(Birendra Prasad Verma, J)

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BTiwary/-

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Md. Tanweer Mohsi and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Md. Tanweer Mohsi and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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