KAMESHWAR PRASAD THAKOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as J. C. to G. P. 6, for the State.

(2.) The short point involved in the present case is as to whether Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Act, 1961 (hereinafter to be referred to as 'the Act') a proceeding disposed of earlier by the Collector under the Act, can be re-opened without giving prior notice to the land-holder.

(3.) The facts of the present case inter alia is that the petitioner No. 1 Kameshwar Prasad Thakur had filed a partition suit which was numbered as Partition Suit No. 105/53 in the Court of Subordinate Judge, Darbhanga. The said partition suit ended in a compromise and as per the compromise the petitioner No. 1 got 289 bighas, 2 kathas and 19-1/4 dhurs of land. The further case of the petitioner No. 1 is that to meet his legal necessities he disposed of about 177 bighas of land much before 22-10-1959 and the transferees also got their names mutated and started paying rent to the ex-landlord. He further claims that neither he nor his family members have any concern with the aforesaid 177 bighas of land. The further case of the petitioner No 1 is that he and his other family members (petitioner Nos. 2 to 5) in all possessed only 112 bighas of land. It has been further stated that petitioner No. 4 Arbind Kumar Thakur S/o petitioner No. 1 filed a partition suit in the Court of Additional Sub-Judge, Darbhanga which was numbered as Partition Suit No. 136 of 1964 and which was decreed in terms of a compromise by which ail the petitioners were allotted their respective shares and they are coming in possession of the same.