RAM BABU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 24.09.1996, passed by the learned Member, Board of Revenue, Bihar, Patna, in case no. 135 of 1995, whereby the revision application preferred by the present petitioners has been substantially dismissed, giving relief in part.

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. Land ceiling proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'), was initiated against one Satya Narain Prasad in the district of Sitamarhi, which was registered as Ceiling Case No. 10/1970-71. He died on 11.06.1982, leaving behind his heirs whose description is to be found in the report dated 24.05.1989 (Annexure-1), to the learned Circle Officer, Riga, and the relevant portion of which is reproduced herein below:

(3.) IN so far as Shatrughan Prasad is concerned, it appears to us from the report of the learned Circle Officer set out in paragraph 2 hereinabove that he was 39 years of age on 20.06.1989, the relevant portion of which is extracted hereinabove. Tracing it backwards to 09.09.1970, he was more than 18 years of age on that date. The Board of Revenue has completely over-looked the definition of minor child occurring in Section 2 (eee) of the Act which is reproduced herein below. "minor child" in relation to a family whose ceiling area is determined under Section 4 with reference to the land held by it on the 9th September, 1970, shall mean "a person who has not attained the age of eighteen years on that date" and in respect of future acquisition as contemplated in Section 18 the date on which such acquisition takes place;" It is evident on a plain reading of this definition that a person up to the age of 18 years does not attain the age of majority, and is a minor. On the own showing of the State Government, Shatrughan Prasad was more than 18 years of age on 09.09.1970, and is obviously entitled to a separate unit.