LATIF MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order of the learned Single Judge of this Court dated 13.1.1989 passed in C.W.J.C. No. 2612/82.

(2.) IT was reported to this Court that appellant No. l. Latif. Mian, is dead By order dated 5.1.1998 we had granted time to the counsel for the appellants to file a substitution petition but the same has not been filed In this view of the matter the appeal of appellant No. l, Latif Mian, abates.

(3.) ON 7.3,1980 the Anchal Adhikari passed the impugned order (Annexure -6) holding that in reality the appellants were In possession of the smaller area in respect of which Parchas had been issued to them originally He did not find any material to Justify the ground for issuance of Parchas in their favour subsequently for larger area, as claimed by them, He found that the grant of Parchas in favour of the appellants for a larger area was not in accordance with law and, therefore, he confined his order to the area which was originally granted to the appellants, namely, 9 decimals, 10 decimals and 5 decimals in Case Nos. 531, 530 and 532 of 1969 -70.