KABINDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) Petitioners are the landholders. A ceiling proceeding was initiated against them by the Collector under the Act vide Ceiling Case No. 71/1975-76 in which petitioners filed their objections claiming five units but the authorities under the impugned order dated 4.4.1997, Annexure-3 has allowed them 3 units which has been affirmed by the appellate and the revisional authority i.e. Board of Revenue. This writ application has been filed questioning the action of the respondent authorities to include the land of others in the draft statement as also to include them in the area given to the petitioners in their unit contrary to the averment made in Annexure-2 to the objection, Annexure-7. In Annexure-2 appended to the objection, Annexure-7 petitioners categorically stated that the lands detailed in Annexure-2 does not belong to them as those lands are of some other persons and have been wrongly included in Parshishtha Ka and should be excluded from the lands of the petitioners.

(3.) It is submitted on behalf of the petitioners that if the lands of Parshishtha Ka of the draft statement is excluded from the lands which is to be given to the petitioners in the light of the findings of the Collector under the Act contained in order dated 4.4.1997, Annexure-3 then their purpose will be served as petitioners does not posses any surplus land.