ABDUL SAMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the orders dated 12-9-1990 passed by the respondent No 5 and as contained in Annexure-3, the order dated 2-8-1991 passed by the respondent No. 3 and as contained in Annexure-4 to the writ application as also the order dated 24-9-1992 passed by the respondent No. 2 and as contained in Annexure-5 to the writ application as also the notification dated 18-8-1991,

(2.) The facts of the matter lie in very narrow compass. Late Mohd. Maqbul Rub, the father of the petitioner executed deed of gift dated 18-4-1963 in favour of the petitioner Nos, 1 to 3 as contained in Annexure-1 to the writ application. He executed another deed of gift dated 24-3-1972 as contained in Annexure-2 to the writ application. Yet by reason of the another deed of gift dated 25-J-1972 he gifted the property mentioned therein in favour of petitioner Nos. I to 4 which is contained in Annexure-2/1 to the writ application,

(3.) A land Ceiling proceeding was initiated against the aforementioned Mohd. Maqbul Rub and his co-sharers in the year 1973 which was registered as Ceiling Case No. 18/19 of 1973-74. As the said proceeding was pending as on 9-4-?981, in terms of Section 32-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 19ol (hereinafter referred to as the said Act), the same abated. Thereafter a fresh proceeding was initiated. Mohd. Maqbul Rub died leaving behind the petitioner and his legal representative. However after his death his widow was only substituted.