RAJ KISHORE PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONER is aggrieved by order of the Collector under the Act dated 31.12.2001 as contained in annexure -4 by which petitioner 'sobjection to the maintability of proceeding u/s 38 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) has been rejected.

(3.) A perusal of the notice contained in annexure -2 shows that the proceeding has been initiated u/s 38 of the Act and petitioner chose not to file a show -cause on merits but through annexure -3 questioned the maintainability of the proceeding itself, by the impugned order the Collector held the proceeding to be maintainable and treated his petition regarding maintainability to be a show - cause on merits and rejected the same and directed him to exercise option to select the land which he may like to retain within permissible limit.