JYOTSNADEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioners have prayed for quashing the orders passed by various authorities under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) as contained in Annexures 5, 9 and 10 to the writ petition and for a mandamus commanding the respondents not to interfere with the title and possession of the petitioners over the lands in dispute.

(2.) According to the petitioners, in short, the facts of the case are that a Land Ceiling Case No. 46 of 1974-75 was initiated against Late Shri Panchanan Mukherjee, husband of petitioner No. 1 and father of petitioner No. 2 and in obedience to the notice Late Shri Mukherjee had filed a return on 30-7-1975. After receipt of the verification reports from the respective Anchal Adhikari, a draft publication was made on 30-6-1976 showing 128.06 acres of land as surplus and Shri Mukheijee was allowed to retain 15.24 acres of land against this an objection was filed under Section 10 (3) of the Act and after hearing the matter an order for final publication was made. Against this order the petitioners filed appeal and later a revision and finally before the Member. Board of Revenue, being Revision Case No 485 of 1977. On 30-12-1977 the aforesaid revision was allowed and the Board of Revenue after setting aside the orders impugned, remitted back the matter to the concerned authorities for fresh disposal in accordance with law. On 9-1-1981, the Additional Collector, Bettiah, on remand heard the matter and finally passed an order dated 9-1-1981 holding that there was no surplus land of the land holder and further directed for initiation of separate proceeding against Shri Chandi Mai, a deity, Smt Kanaklata Roy Choudhary and Smt. Rekha Bhattacharya, the two sisters of late husband of petitioner No. 1-A true copy of the said order of the Additional Collector, Bettiab, has been annexed as Annexure 2 to the writ petition. Thereafter fresh land ceiling proceedings were initiated against the three, as referred to above, being ceiling Case Nos 292/81-82, 293/81-82 and 294/81-82. It has been alleged that although the proceeding against the land holder Shri Panchanan Mukherjee and consequently against the petitioners had concluded, it was sought to be re-opened under Section 32-A of the Act, vide Annexure 4, and a draft publication was made ignoring the earlier order (Annexure 2) Notices were again served on the husband of petitioner No. 1 The land holder in terms of the notice filed an objection uuder Section 10 (3) of the Act in which besides raising other objection, inter alia, contended that the authorities had no jurisdiction to re-open the case under Section 32-A of the Act. A true copy of the said objection has been annexed as Annexure 4 to the writ petition.

(3.) On 1-9-1983 the D C L R disposed of the said proceeding by his order, as contained in Annexure 5. against which order an appeal was filed before the Collector, which was numbered as R.A. No 334 of 1983-84. The said appeal was d smissed by the Collector on 3-9-1984 against which a revision was filed before the member, Board of Revenue which was numbered as Revision case No. 363 of 1984. The said revision was allowed by the Board, vide order dated 4.9.1985. and the case was again remitted back to the Collector West Champaran for reconsideration. It appears that, in the meantime, land holder Late Panchanan Mukherjee died in November, 1984 and an application was filed by petitioners before the Additional Member, Board of Revenue in Board Revision Case No 364 of 1984 for substitution of their names as heirs of Late Panchanan Mukherjee. This fact has been mentioned in the petition filed on behalf of the petitioners before the Collector, West Cbamparan, Bettiah, a true copy of which has been annexed as Annexure 7 to the writ petition According to the petitioners Appeal No 334 of 1984-85 was again dismissed on 20-1-1987 by the Collector without following the direction given by the Board as he did not allow them to lead any evidence. A true copy of the said order dated 20-1-1987 has been annexed as Annexure 9 to the writ petition. The petitioners, being aggrieved by the said order of the Collector, again filed a Revision Case No. 42 of 1987 before the Member, Board of Revenue. The said case was heard and by a judgment dated 15-10-1987, the Additional Member, Board of Revenue, Bihar dismissed the same. A true copy of the said order has been annexed as Annexure 10 to the writ petition The petitioners, being aggrieved by the aforementioned orders, as contained in Annexures 5, 9 and 10 have filed the present writ application.