RAJ GRIHI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, the State as also counsel for the private respondent no5.

(2.) Earlier during the ceiling proceeding petitioners were granted purcha after declaring the lands in question as surplus of private respondent no.5. Purcha issued in favour of petitioners was quashed by this Court under orders dated 20.3.1998 passed in C.W.J.C. No.9269 of 1996, Annexure-A to the counter affidavit filed on behalf of private respondent no.5, whereafter the matter was remitted back to the Collector, Rohtas at Sasaram for final decision. The collector considered the case of the land holder under order dated 5.9.1998 passed in Ceiling Appeal No.03 of 1994, Annexure-1 and found surplus land at the end of private respondent no.5, who challenged the order dated 5.9.1998 before the Board of Revenue vide Case No.38 of 1998 which was disposed of under resolution dated 2.6.1999, Annexure-3 holding that respondent no.5 and others are entitled to seven units and the lands held by them are only 179.42 acres of Class-IV category and there is no surplus land at their end.

(3.) The findings recorded under resolution dated 2.6.1999, Annexure-3 that private respondent no.5 and others does not have any surplus land has not been challenged by the State respondents and has attained finality. Petitioners being stranger to the land ceiling proceeding cannot question the finding recorded by the Board of Revenue under resolution dated 2.6.1999, Annexure-3. The writ application has no merit, which is, accordingly, dismissed.