RADHESHYAM TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an Application under Articles 226 and 227 of the Constitution, the petitioner prays for quashing Annexure 1.

(2.) Annexure 1 is a notice by the Subdivisional Officer, Bhabua. In that notice it is stated that the lands which have been acquired under section 15 (I) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquistion of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') shall be distributed amongst var ous persons. Learned Counsel for the petitioner contends on the basis of paragraph 14 of the counter-affidavit that the mother of the petitioner had no authority to surrender the land as she was not the land-holder. It is mentioned in paragraph 14 of the counter-affidavit that the mother of the petitioner surrendered the land in question. It is a settled law that during the life time of Ram Briksha Tiwari, his wife (mother of the petitioner) has no right to surrender the land. The land can be surrendered under Section 15(I) of the Act only by the land-holder. It is also clear from paragraph 4 of the counter-affidavit that the notice was issued under section 8 (I), 10 (I) and 11 of the Act on Ram Briksha Tiwari who was the land-holder, in view of the statement, made in paragraph 4 of the counter-affidavit the land can be surrendered only by Ram Briksha Tiwari and not by any other Person. The wife of Ram Briksha Tiwari, has, therefore, no authority in law to surrender the land. I, therefore, quash Annexure-1 and direct the Land Reforms Deputy Collector to issue notice afresh under Section 8 (1) of the Act to the petitioner and to other members of the family and to intiate the proceedings afresh. The Land Reforms Deputy Collector shall also issue notice to whom the lands have been alleged to be distributed.

(3.) In the result the petition is allowed. Annexure-1 is hereby quashed. The case is remitted to the Land Reforms Deputy Collector for fresh initiation of the proceeding and decide the matter in accordance with law. The parties shall bear their own costs.