IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13140 of 2011
Gonar Rai & Ors
Versus
Baleshwar Devi & Ors
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2 06.09.2011 It has been submitted on behalf of the
petitioners that the Collector of the District does not have
power to pass an order under Section 32 of the Bihar
Consolidation of Holdings and Prevention of
Fragmentation Act, 1956 and impugned order dated
30.5.2000, as contained in Annexure-2, has been passed
by respondent no.4 without issuing any notice either to
the petitioner no.1 or his father who was the purchaser,
declaring the sale deed of the 1.7.1977 to be a void
document.
Issue notice to the Respondent Nos. 1 and 2
under ordinary process as well as registered cover with
A/D to show cause as to why this writ application be not
admitted for hearing or disposed of at the stage of
admission itself, for which requisites etc. must be filed
within one week, failing which this writ application as
against the concerned respondents shall stand rejected
without further reference to a Bench.
2
Put up this matter after service of notice upon
the concerned respondents, however, in the meantime the
petitioners should also file supplementary affidavit
clearly stating as to whether at the time of execution of
the sale deed there was any publication of registers of
lands and statement of principles under sub-Section 1 of
Section 10 of the Bihar Consolidation of Holdings and
Prevention of Fragmentation Act, 1956.
Sanjay-II ( Dr. Ravi Ranjan, J.)