RENUKA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed challenging the order dated 20.12.2002 passed by the Collector, Sitamarhi.

(2.) The facts are that Renuka Devi, wife of late Ram Narayan Gupta filed an application under Section 22(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) by which her claim is that her husband and she, were the bataidars of the ex-landlord with respect to khata No. 137, plot No. 529, measuring 0.34 decimals. The Collector on the application filed by the Petitioner ordered an enquiry by the Circle Officer. The Circle Officer in his report as contained in Annexure-A to the supplementary affidavit, has stated that the lands in question have been distributed to the purcha-holders and it is also reported by the Circle Officer that the lands in question were declared to be surplus land of the landholder as far back as in the year 1985.

(3.) Learned Counsel for the Petitioner submits that the Circle Officer was required to make an enquiry as to whether the Petitioner's husband and the Petitioner were the bataidars of the ex-landlord. It is submitted that in fact no such report was given by the Circle Officer, rather he gave a report stating that the lands may be handed over to Respondent No. 7.