PRAVEER KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.11.2003 passed in Revision Case No. 35 of 2001 by the Board of Revenue, Bihar whereby the revision application preferred by the original writ petitioner, Awadh Naresh Kumar Narayan Sinha who is now dead and has been substituted by his heirs, was dismissed.

(2.) From the records, it transpires that Land Ceiling Case No. 637 of 1973-74 was initiated against the original writ petitioner for determining ceiling area admissible to him as per provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the "Act"). The writ petitioner filed objection to the Draft Publication made under Section 10(2) of the Act on various grounds including a ground that he had three sisters and one of them, Bhawani Devi filed Title Partition Suit No. 23 of 1973 in the court of Sub Judge, Gaya claiming share in the lands which were shown to be that of the original writ petitioner in the Draft Publication. That suit ended in a compromise decree dated 02.01.1976. As per compromise, the original writ petitioner got 30.36 & half acres of land, Bhawani Devi got 8.90 and half acres, Kunti Devi got 7.99 acres and the third sister, Tara Devi got 6.65 acres. It is not in dispute that the three sisters also lodged their claim over part of the land shown to be of original writ petitioner but their claims were rejected by the Collector under the Act as well as by the appellate authority. The order of the appellate authority i.e. Collector, Nawada dated 12.10.2000/30.11.2000 was challenged by the original writ petitioner before the Board of Revenue, Bihar through Revision No. 35 of 2001 but the same has been dismissed by the impugned order contained in Annexure-9.

(3.) For rejecting the claim of the three daughters of the original writ petitioner, the authorities placed reliance upon the fact that they were unable to prove by unimpeachable evidence that their father died after enactment of the Hindu Succession Act, 1956. From the discussions made in the various orders of the authorities, particularly the Board of Revenue, it transpires that a deed of sale dated 17.07.1939 established that father of the original writ petitioner was alive till then, i.e.1939.