SURENDRA NARAYAN SINGH SURYA SHEKHAR PRASD SINHA AND BIRENDRA NARAYAN SINGH SHASHI SHEKHAR PRASAD SINHA Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) A ceiling proceeding was initiated against the father of the petitioner Birendra Narayan Singh, numbered as 70 of 1973-74, which was concluded and disposed of on 26.06.1976. The final publication under Section 11 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) was published on 27.07.1976. The petitioner's father was granted one unit and the petitioner was given an additional unit, being a minor at the time when the ceiling proceedings commenced and was concluded.

(2.) By the impugned orders contained in Annexures 2, 4 and 5, the ceiling proceeding has been reopened on the ground that the petitioner Birendra Narayan Singh was not minor at the time when the ceiling proceeding was initiated and notices were published under Section 6 of the Act.

(3.) The facts are that the family owned and possessed 09 acres and 84 decimals of land which was partitioned between the petitioner's father and his three brothers, namely, Shashi Shekhar Prasad Sinha, Indu Shekhar Prasad Sinha and Bidhu Shekhar Prasad Sinha, so that each of the brothers were allocated 02 acres and 46 decimals of land.