RAMSUMARIDEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the resolution dated 16-1-1993 passed by the Additional Member. Board of Revenue, as contained in Annexure 6 to the writ application as also the order dated 19-10-1991 passed by the Collector, Gaya in Land Ceiling case No. 122 of 1983-84/12 of 1988-89 whereby the order dated 22-11-1983 passed by the Additional Collector, Gaya was affirmed in terms whereof the lands of the petitioner having an area of 33 acres and 8 decimals of land situated in village Kamaldah in the district of Gaya, were declared surplus in terms of the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the said Act).

(2.) The fact of the matter is as follows : The petitioner has claimed the land in question details whereof have been mentioned in paragraph 4 of the writ application having an area of 33.8 acres. She is said to have purchased the lands in question in the year 1965 from Goswarmi Kashi Giri and Goswami Basant Giri. Kashi Giri purchased the lands in question from one Akbar Khan, on 4-7-1959 i.e. prior to 22-10-1959. It is alleged that the aforementioned Kashi Giri was neither the Mahanth nor did he purchased the lands from the Mahanth. It was, therefore, contended by the petitioner that as the original land owner was Akbar Khan and the transaction having been effected prior to 22-10-1959, the same could not have been a subject matter of an enquiry under the said Act. The petitioner, however, was served with a notice dated 29-2-1983 in Land ceiling case No. 101 of 1981-82 to show cause as to why he shall not be declared to be a Farzidar or Benamidar of the Mahant, Bodh Gaya Math.

(3.) The petitioner filed a show cause. The matter thereafter came up before the Board of Revenue in case No. 315 of 1984. The Member, Board of Revenue by reason of an order dated 28-3-1981 as contained in Annexure 4 to the writ application remanded the matter with the following observation ;