LATIFURRAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This application is directed against the orders dated 17-9-1992, 17-12-1992 and 9-2-1993 whereby the land proceedings as against the petitioner have been reopened by the Collector, Katihar (respondent No. 2) in exercise of his power under Section 4S-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961.

(2.) The petitioner is a landholder. A land ceiling proceeeding was initiated against him which culminated in the order dated 21-5-1976 passed by the Member Board of Revenue.

(3.) A writ petition was filed by the petitioner in this court being CWJC No, 1259 of 1976 and by an order dated 10-5-1977 a Division Bench of this court held as follows :- In view of apparent conflict in these two documents as to the age of Zulekha Khatcon, the assessment of the age of the sons and daughter should have been made by the authorities uninfluenced by the age of Zulekha Khatoon mentioned in the application dated 30-3-1974. Under the circumstances, we quash the order of the Board of Revenue (Annexure-8) and that of the Appellate Court to consider the question afresh. The Collector will rehear the appeal and permit the parties to put in such materials as they like. The petition is accordingly allowed. In the circumstances, however, there will be no order as to costs.