MD GHAYASUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri R.C.Thakur, S.C.-4 (Ceiling) for the State.

(2.) Petitioners in both the writ applications are aggrieved by the notification published by the Collector, Katihar dated 30.11.1999, Annexure-1, whereunder the lands of the petitioners have been acquired as surplus land of Bibi Sultana, wife of Sheikh Habib, Respondent No. 4. It is submitted on behalf of the petitioners in C.W.J.C.No. 2523 of 2000 that Petitioner Nos. 1 and 2 are the heirs of Ruknuddin Ahmad, Petitioner Nos. 3 to 13 are the heirs of Zeyauddin Ahmad and Petitioner No. 14 is Moinuddin Ahmad against whom ceiling case bearing no. 103/1973-74, 98/1973-74 and 39/1976-77 respectively was initiated. Subject matter of the aforesaid ceiling case is 76.73 acres of land bearing Revisional Survey Khata Nos. 40, 41, 45 to 51 and 53 of Village- Salehpur, P.S. Falka, District- Katihar. The original land-holder was Alauddin Ahmad who died leaving behind Ruknuddin Ahmad, Zeyauddin Ahmad and Moinuddin Ahmad against whom the aforesaid three land ceiling cases were initiated. The land holders filed their objections which was considered by the Collector under the Act under orders dated 20.8.1991, 22.8.1991 and 23.8.1991. As the landholders were aggrieved by the aforesaid three orders they preferred appeal nos. 444, 445, 446/1991-92 which was also dismissed and thereafter the landholders filed Revision Case Nos. 261, 262, 263/1992 which was allowed by the Board of Revenue under orders dated 31.3.1995 and the matter was remanded to the appellate court for fresh consideration. During the pendency of the appeal after remand of the matter by the Board of Revenue the ceiling authorities published Gazette notification dated 30.11.1999, Annexure-1 acquiring the lands of the petitioners as surplus land of Bibi Sultana, wife of Sheikh Habib, Respondent No. 4 in Ceiling Case No. 96/1973-74 as according to the authorities Bibi Sultana was earlier married to Nuruddin Ahmad, the 4th son of Alauddin Ahmad who died after the death of his father Alauddin Ahmad and Bibi Sultana succeeded to the estate of Nuruddin Ahmad and his father Alauddin Ahmad and the entire land of the original landholder Alauddin became surplus of Bibi Sultana in Ceiling Case No. 96/1973-74. Lands of petitioners of C.W.J.C.No. 1334 of 2000 was also included as surplus of Bibi Sultana although petitioners of C.W.J.C.No. 1334 of 2000 had no connection either with Alauddin Ahmad or with his four sons or with Bibi Sultana or her second husband Sheikh Habib which is evident from Annexure-2, the revisional survey Khatiyan of the lands claimed by the petitioners of C.W.J.C.No. 1334 of 2000 details of which have also been incorporated in Paragraph-4 of the writ petition.

(3.) Learned counsel for the State does not dispute the fact that Board of Revenue under orders dated 31.3.1995 remanded the matter to the appellate authority for fresh consideration and while the matter remained so pending before the appellate authority the Gazette notification dated 30.11.1999, Annexure-1 was published in connection with Ceiling Case No. 96/1973-74 initiated against Bibi Sultana, Respondent No. 4 in which the lands of the petitioners of C.W.J.C.No. 2523 of 2000 has been included along with the lands of the petitioners of C.W.J.C. No. 1334 of 2000. Learned counsel for the State, however, submitted that original landholder Alauddin Ahmad had four sons, namely, Ruknuddin Ahmad, Zeyauddin Ahmad, Moinuddin Ahmad and Nuruddin Ahmad and Bibi Sultana being the widow of Nuruddin Ahmad will succeed to his estate and the lands of the share of Nuruddin Ahmad which is subject matter of Ceiling Case Nos. 103/1973-74, 98/73-74 and 39/1976-77 shall have to be included in the Land Ceiling Case No. 96/1973-74 as she having succeeded to the estate of her first husband Nuruddin Ahmad, the lands of his share shall have to be incorporated in the ceiling proceeding initiated against her i.e. Ceiling Case No. 96/1973-74.