SIBNARAINROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 121-10-1992 passed by the Additional Member, Board of Revenue (Respondent No. 2) in Revision Case Nos. 33 and 33 of 1988, the order dated 25-1-1988. passed by the Collector, Purnea (Respondent No. 3) in Ceilling Appeal No. 313/84-85 and 315/1984-85 and also order dated 30-4-1984 and 30-7-1984 passed by the Additional Collector (Ceilling), Purnea in Case No. 269/75-76 as contained in Annexure-6, 3 and I respactively as a also the notification under Section 11(1) of the Bihar Land Reforms (Fixation of Ceilling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as 'the said Act') and the notification dated 27-2-1988 issued under Section 15 (I) thereof.

(2.) The fact of the matter lies in a very narrow compass.

(3.) Petitioner is heir of one Bankhandi Roy. The geneological table of family of the petitioner is as follows : Late Satya-Narain Roy. Late Bankhandi Roy. Shiv Narain Ray. (petitioner) Late Jageshwari Devi Kunjan Misbra, Ram Nr. Roy. Shakuntala Devi. Gopal Roy Krishna Kr. Roy (married Krishna Devi (married) Kishori Kumari (unmarried on appointed day) It may be mentioned here that a proceeding in the year 1973 was initiated in respect of the lands held by Bankhandi Roy. However, according to the petitioner there had been a partition amongst the co-sharers. Subsequently, the proceeding was bifurcated into three proceedings being 269/74, 75/76 & 48/73-74. A draft publication in terms of Section 10 (2) of the said Act was made in terms whereof only three units were given to the family of the petitioner treating all the lands of petitioner as Class I land. An objection was filed by the petitioner under Section 10 (3) of the said Act. Further, the said proceeding abated and a fresh draft publication under Section 10 (2) of the said Act was made on 6-7-1983. and an objection thereto was filed by the petitioner under Section 10 (3) of the said Act on 30-7-1988 raising therein various contentions which have been enumerated in paragraph 7 of the writ application. By an order dated 30-4-1984 which was modified by order dated 30-7-1984, respondent No. 4 acting as Collector under the said Act disallowed the claim of the petitioner with regard to the claim of separate unit for Kishori Devi as also the deity. He ruther disallowed the claim made by the petitioner with regard to the transfer made in favour of respondent No. 5. He also did not fully accept the objection of the petitioner with regard to the classification of lands. The appeal and revision preferred by the petitioner against the said order have been dismissed.