MUNDRIKA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In this writ application the petitioners have prayed for quashing of the entire proceedings of Land Ceiling Case No. 70 of 1973-74/ 85 of 1976-77 initiated by the Additional Collector, Gaya including the draft statement dated 31.3.1982 published under section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') as also final publication of draft statement under section 11(1) of the Act and finally the notification dated 28.1.1984 published in Gazette on 30.1.1984 for acquisition of 163.881/2 acres the land of the petitioners under section 15(1) of the Act.

(3.) Learned counsel for the petitioners has submitted that the entire land ceiling proceedings against the petitioners emanating from the draft statement dated 31.3.1982 under section 10(2) of the Act and culminating in the Gazette notification dated 30.1.1984 under section 15(1) of the Act is unsustainable, inasmuch as the same land which has been made subject matter of the aforesaid land ceiling case in Gaya District had already been made subject matter of Land Ceiling Case No. 276 of 1973-74/ 173 of 1975-76 in Aurangabad District, wherein a draft statement under section 10(2) of the Act was published on 16.8.1976 and had ultimately ended with the Gazette notification dated 27.11.1976 under section 15(1) of the Act declaring only 10.92 acres of the petitioners to be surplus. He has accordingly submitted that once a finality was arrived at way back on 27.11.1976 as with regard to the entire 235.98 acres of land situated in Gaya and Aurangabad District, the Collector of Gaya District had no power to initiate a fresh proceeding for the same land and consequently the orders passed by the revenues authorities of Gaya District as also consequential notification dated 30.1.1984 declaring 163.881/2 acres of land of the petitioners as surplus cannot be sustained.