PITAMBAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) A judgment dismissing the Letters Patent Appeal and confirming the order of the Single Judge has fallen for consideration in this appeal. The learned Single Judge of the High Court had dismissed the Writ Petition. By order dated 31.12.1983 passed by the Sub- Divisional Officer in Ceiling Case No. 15 of 1973, the objection filed under Section 10(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Ceiling Act) was rejected. This order was confirmed by the District Collector vide order dated 21.5.1984 and was further confirmed in the revision by Resolution dated 22.5.1986 passed by the Additional Member, Board of Revenue. The appellants moved the High Court by way of a Writ Petition being C.W.J.C. No. 3824 of 1986, which was dismissed by the learned Single Judge. The appellants then filed a Letters Patent Appeal (LPA); however, in the LPA, all the aforementioned orders were confirmed.

(3.) In order to appreciate the contentions raised by Shri Nagendra Rai, learned Senior Counsel appearing on behalf of the appellants, it is necessary to go into the facts of the case.