IMAMUL HASSAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question for consideration in this case is whether a major son of a Muslim land-holder is entitled to a separate unit under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act').

(2.) A proceeding under the Act was started against the petitioner in Ceiling Case No. 113/73-74. A draft statement was published declaring 185.68 acres of land of Class III as belonging to the petitioner. Out of this, 160.68 acres were declared to be surplus and the petitioner was allowed to retain 25 acres only. The petitioner then filed an objection under Section 10 (3) of the Act before the Land Reform Deputy Collector, Katihar. One of the objections was that he had a major son named Mohammad Naushad and he should also be allowed a separate unit. The learned Sub-divisional Officer, Katihar, by his order dated 27-11-1976, overruled the objections and held that the petitioner's son Mohammed Naushad was not major as on 9-9-1970. The petitioner thereupon preferred an appeal before the Additional Collector, Katihar, which was numbered as Ceiling Appeal No. 607/79-80. The Additional Collector held that although the petitioner's son. Mohammed Naushad was major as on 9-9-1970, he was not entitled to a separate unit, as in Muslim Laws, the principle of coparcenery would not apply. The petitioner then filed a revision application before the Member, Board of Revenue, Bihar, which was registered and numbered as Revision Case No. 14 of 1980. The Additional Member, Board of Revenue, by resolution dated 10th Sept., 1980, dismissed the revision application holding that the Muslim Laws did not recognise any interest of the sons during the lifetime of the father and, therefore, Muslim major son was not entitled to a separate unit. The petitioner has filed this writ application challenging the orders contained in Annexures 2, 3 and 4 passed by the authorities referred to above and has, inter alia, claimed that a Muslim major son is also entitled for a separate unit under the Act.

(3.) While admitting this application the matter was referred to a Full Beach, in view of a Bench decision of this Court in Shekh Abdul Aziz v. State of Bihar, C. W. J. C. No. 202 of 1978, decided on 27-2-1980 by B. P. Jha and M. P. Varma, JJ.