MAHANTH RAMJI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Ajay, S.C. -3 (Ceiling) for the State.

(2.) Petitioner is aggrieved by the order dated 22.12.1998 passed by the Collector, Gopalganj in Ceiling Case No. 5/97, Annexure -3, whereunder the request of her husband Mahanth Ramji Das to exercise option in terms of Section 9 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the "Act") has been refused on the ground that the option has been exercised belatedly. Petitioner is also aggrieved by the order dated 1.7.1999 passed by the Board of Revenue in Revision Case No. 2 of 1999, Annexure -4, whereunder the order dated 22.12.1998 passed by the Collector, Gopalganj (Annexure -3) refusing the request of the petitioner for exercising option has been affirmed.

(3.) It is submitted on behalf of the petitioner that the ceiling proceeding concluded on 9.9.1997, whereafter request for exercising option in terms of Section 9 of the Act was made under petition dated 7.10.1997 but the same was rejected stating that it is being made at a belated stage. It is submitted on behalf of the petitioner that until classification of the lands held by the landholder is not finally settled by the authorities it is not possible for the landholder to exercise his right of option under Section 9 of the Act. In support of the aforesaid submission learned counsel for the petitioner has relied on the judgment in the case of Hira Lal Sah & Ors. Vs. The State of Bihar, reported in 1977 BBCJ 717 and Lallan Prasad Singh & Ors. Vs. The State of Bihar & Ors., reported in 1992(2) PLJR 631, paragraphs 2 and 3.