UMESH JHA Vs. STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India.

(2.) THE facts giving rise to the application, as alleged by the petitioner put briefly, are these:

(3.) IN support of the application Mr. B. C. De has raised two contentions. They are : (1) that tbe State of Bihar (opposite party 1) having accepted rent from the petitioner in the year 1361 Fasli and granted receipt for the same, as stated above, was not entitled to challenge the genuineness and validity of the settlement and (2) that the settlement in question having apparently been made before January, 1946, the Additional Collector had no jurisdiction to annul the same under Section 4 (h) of the Act and it was beyond his jurisdiction to entertain and decide the question that the said settlement was actually made after January, 1946.