ANJANA DEVI Vs. STATE

JUDGEMENT

(1.) Heard Mr. L.N. Das, learned Counsel for the Petitioners and Mr. Abbas Haider, learned J.C. to G.R-II.

(2.) A prayer has been made to quash the Gazette Notification dated 2.1.2001 as contained in Annexure-4 by reason of which concerned lands of the Petitioners have been notified for acquisition under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Further prayer has been made to direct the Respondents. not to distribute the lands so acquired till the disposal of the appeal and revision preferred by the ancestor of the Petitioners and heirs of Raghubir Narayan Singh.

(3.) It appears that the original land holder-cum-objector late Raghubir Narayan Singh filed objection in ceiling proceeding vide Original Case No. 5 of 1976-77. Being aggrieved by the order of the said case Raghubir Narayan Singh filed appeal but during the pendency of the same Petitioners were substituted in his place as Raghubir Narayan Singh had died. Appeal being dismissed on 24.11.1999 Petitioners preferred revision before the Board of Revenue on 29.12.1999 bearing Revenue Case No. 46 of 1999. Admittedly, that revision petition is still pending. However, during pendency of the said revision petition the Addl. Collector passed an order dated 9.8.2000 for publication of the draft statement under Section 11(1) of the Act. The notice was sent in the name of the original land owner that is Raghubir Narayan Singh but the same could not be served on him as he had died by that time. It is alleged that though the Petitioners' name were substituted at the appellate stage itself but the Addl. Collector, Lakhisarai did not direct to serve notice on them. When the service report was received with a report that the original land owner is dead then, before the date fixed, the Addl. Collector passed another order dated 21.8.2000 and issued notice to the substituted heirs i.e. the Petitioners. On 20.10.2000 the Addl. Collector ordered to prepare draft statement Under Section 15(1) in the Gazette Notification. Photo copy of the said order is annexure 3 to this application. The Petitioners immediately filed appeal against the said order passed Under Section 11(1) on 22.11.2000. The said appeal is also pending before the Collector. The Addl. Collector was informed about the pendency of the revision application before the Member, Board of Revenue and the appeal before the Collector but it is alleged that without taking into account of the pendency of appeal and revision, the notification was published in the extra ordinary issue dated 02.01.2001 of the District Gazette, Lakhisarai which appears to have been signed on 11.01.2001. Petitioners apprehending that before disposal of the revision as well as appeal their lands may be distributed have come to this Court in this writ petition.