BIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE questions involved in all the three appeals are common and as such they have been heard together and are being disposed of by this order.

(2.) THE matter arises out of a proceeding initiated under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (for short the Act). Admitted position is that proceedings under the provisions of the Act were initiated against the appellants in all the three cases and orders under section 10(3) of the Act were passed, but no final publication under section 11 of the Act, as stood at that time, was made. In the meantime, the Act was amended on 9.4.1981 by Ordinance No. 66 of 1981, which was later on replaced by Act No. 55 of 1982. Apart from other provisions, section 32B was added by the aforesaid amendment, which runs as follows : "32B. Initiation of fresh proceeding. All those proceedings, other than appeal, revision, review or reference referred to in Section 32 -A pending on the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982, and in which final publication under sub -section (1) of section 11 of the Act as it stood before the amendment by aforesaid Act, had not been made, shall be disposed of afresh in accordance with the provisions of Section 10. of the Act."

(3.) IN all the three cases, as no final publication under section 11. of the Act has been made, the authority took steps to initiate the proceeding afresh and has issued the notices, which have been annexed with the writ petitions, whereby steps have been taken to reopen the proceeding from the stage of section 8 of the Act.