NAWAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution, these petitioners pray for quashing annexures '1' and '2'. Annexure T contains the order of the District Collector under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). Annexure '2' contains the order of the Deputy Collector, Land Reforms, after reopening the case under Section 45-B of the Act

(2.) In the present case there was a proceeding against the petitioners in Ceiling case No. 10/73-74. In that proceeding 277 the matter went up to the High Court. The High Court remanded the case to the Deputy Collector, Land Reforms--vide annexure '3', for a fresh decision in accordance with law. On remand the Land Reforms Deputy Collector examined the matter and delivered his judgment--vide annexure '5'.

(3.) The point for consideration in annexure '5' was in respect of the age of Amar Kumar Singh as well as in respect of classification of lands. The Land Reforms Deputy Collector held that Amar Kumar Singh attained majority on 9-9-1970 on the basis of the materials on record. He also classified the lands in third and fourth categories. This very matter was reopened by the Collector--vide annexure '1'. After reopening the Land Reforms Deputy Collector delivered his judgment--vide annexure '2'. In annexure '2' it has been held that Amar Kumar Singh had not attained majority on 9-9-1970. This finding is based on no evidence. Earlier, the Land Reforms Deputy Collector considered medical certificate and other affidavits on the point of age of Amar Kumar Singh--vide annexure '5'. But, after reopening, the Land Reforms Deputy Collector did not consider any of the materials already considered in annexure '5'. Hence, I am of the opinion that the finding of the Land Reforms Deputy Collector in respect of the age of Amar Kumar Singh is based on no material.