Court : Patna
Shiva Kirti Singh, J.1. All the writ petitions covered by this common judgment have been heard together on the admitted premise that they seek to challenge the constitutionality, legality and vires of Sub-section (4) of Section 23 of the Bihar Tenancy Act, 1885 (hereinafter referred to as 'the Act'), which has been inserted by Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as of provisions in the Bihar Rent Refixation Rules, 1995 (hereinafter referred to as 'the Rules).2. During the hearing of these writ petitions on several dates no dispute or controversy of facts was raised before this Court. All the writ petitions have been argued on the basis of undisputed understanding that on account of fresh assessment of rent under the impugned provisions, treating the land to be under non-permissible industrial or commercial use and, therefore, amenable to revised rent on the basis of its market value, the liability of the petitioners towards rent payable to the State under ...
Tag this Judgment!Court : Patna
B.P. Sharma, J.1. The Maln appeal i.e. F.A. No. 500 of 1977 is directed against the judgment dated 28th of May, 1977 passed in T.S. No. 22 of 1966 by the 2nd Addl. District Judge, Patna which was registered on the basis of an application filed for grant of Letters of Administration and originally registered as Letters of Administration Case No. 17 of 1963.2. The appellant Mahanth Chandra Mani Das, claiming himself to be the Chela of Mahanth Sri Ram Krishna Das of Baba Bhikham Das Thakurbari in Mohalla Bakarganj within the P.S. Kadamkuan in Patna Town, filed this application for grant of succession certificate on a Will purported to have been executed by his Guru Late Mahanth Sri Ram Krishna Das on 2nd of August, 1960 in his favour. It appears that prior to the filing of this application the respondent Ram Rajeshwar Das had filed a petition under Section 192 of the Indian Succession Act which was registered as Succession Case No. 188 of 1961. This application was filed by the responden...
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