BRAJESH KUMAR SINGH Vs. BIHAR STATE BAR COUNCIL

JUDGEMENT

(1.) The Petitioners and the private-Respondents in this writ petition joined issue as to the claim of bataidari rights over the same piece of land. This is a contentious issue as who ever establishes his right as a beadier would then be entitled to upgraded to the status of raiyat, the land being ceiling surplus land.

(2.) Heard the parties.

(3.) It appears that a land ceiling proceeding was initiated against Kishore Mohan Jha, Ghananand Jha and Ashok Kumar Jha. Upon culmination of these proceedings, by District Gazette Notification No. 05 of 1985 certain lands were declared ceiling surplus to be acquired. The land holders preferred miscellaneous cases before the Additional Collector, Land Ceiling, Katihar claiming exemption in respect of certain lands which had been notified to be ceiling surplus. They were not successful in their endeavour. While those proceedings were pending, the writ Petitioners, who claim to be beadier on some of those ceiling surplus land, approached the Collector and, in view of the provisions of the Ceiling Act, claimed that the land should now be settled to them as raiyat. The lands being ceiling surplus, apparently, enquiry was called for and a report submitted but without much adjudication on the issue the Additional Collector directed the Circle Officer to settle the lands with the Petitioners who had claimed to be the betides. This order was passed on 13.01.1987 in Misc. Case No. 407 of 1986-87 by the Additional Collector, Land Ceiling, Katihar. Petitioners are aggrieved by an order passed subsequently, which is Annexure-1, in Ceiling Case No. 04 of 1987-88 by the Circle Officer, Katihar, which was registered on 19.09.1987, purporting to be under Section 22 of the Ceiling Act for settlement. These were initiated by the private-Respondents who also claimed to e betides in respect of that same very portion of ceiling surplus land. The Additional Collector makes a recommendation and the Circle Officer, Katihar then affirms and direct settlement of the said land to the betides, that is, the private-Respondents.