FAGUNI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent of the Patna High Court has been directed against the order dated 11.11.1998 in CWJC No. 2512 of 1998 whereby and whereunder the writ application was dismissed.

(2.) BY means of the writ petition, the appellants had questioned the validity of the order of the Member, Board of Revenue, dated 10.9.1997 whereby and whereunder, the notification of the State Government under Section 15A(2) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act ') was declared illegal.

(3.) THE landholder thereafter filed objection under section 10(3) of the Act claiming one more unit in favour of Ram Sonari Devi and ultimately the Collector, by order dated 25.1.1984 held that after allotting two units of the land to the landholders, there was no surplus land in his possession and accordingly land ceiling case was dropped. But since even before the disposal of the final proceeding 6.8 acres of land purported to have been voluntarily surrendered by the landholder were acquired and distributed to the appellants by the State Government, the landholder filed an application before the Collector for cancellation of such surrender and distribution of lands. But his petition was rejected on 7.5.1985. The dispute was taken up before the Member, Board of Revenue and ultimately acquisition of 6.8 acres of land including that of the notification under section 15(A)(2) of the Act regarding distribution etc. was declared illegal and without jurisdiction.