SHAHEEN CO-OPERATIVE HOUSE CONSTRUCTION SOCIETY LTD. Vs. STATE OF BIHAR
LAWS(JHAR)-2003-2-43
HIGH COURT OF JHARKHAND
Decided on February 14,2003

Shaheen Co -Operative House Construction Society Ltd. Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

TAPEN SEN, J. - (1.) HEARD Mr. Debi Prasad, learned Sr. Advocate assisted by Mr. Lalit Kr. Lal and Mr. R.S. Mazumdar learned Government Advocate, assisted by Shri A. Banerjee and Shri P.N, Mishra, Advocates.
(2.) THE writ petitioners pray for quashing of the entire proceedings in case No. 18 of 1986 -87 under Section 4(h) of the Bihar Land Reforms Act, 1950, the proceedings whereof are contained at Annexure 30. By reason of the aforementioned proceedings, the respondents passed an order for annulment of settlement in respect of 33.00 acres of land out of Revisional Survey Plot No. 758 appertaining to Khata No. 189 and situated at Village - Soparan, P.S. Ratu, District - Ranchi. By reason of the same order the Jamabandi which was opened in the name of Petitioner No. 1 (Society) was also ordered to be cancelled and direction was made for taking possession of the lands in question. Mr. Debi Prasad, learned Sr. Advocate has made a very short argument and he has submitted that proceedings under Section 4(h) had already been dropped earlier by the competent authority (Land Reforms Deputy Collector) on 22.6.1989 (vide Annexure 27) and the State did not prefer any appeal against the said order. Consequently the order dropping the proceedings on 22.6.1989 attained finality where after the State Respondents had absolutely no authority or jurisdiction to proceed with the matter.
(3.) ACCORDING to him, in view of the proceedings having attained finality, the same could not have been re -opened.;


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