BISHUN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) - In this application, the petitioners have prayed for quashing the order dated 14-2-1989 passed in Land Ceiling case No 8 of 1983-84/1978-79 by respondent No. 4 and the?order dated 1-4-1991 passed by respondent No, 3 in Revenue Appeal No. 4 of 1989-90 as also the resolution of the Member, Board of Revenue dated 31-12-1991 in Revision case No. 82 of 1991 as contained in annexures 1 2 and 4 respectively. The petitioners have further prayed for the stay'of further proceeding in Land Ceiling case No. 8 of 1983-84 and realisation of the costs awarded against them by the revisional authority.

(2.) Admittedly, a proceeding under the provision of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter called and referred to as 'the Act') being Ceiling case No. 26 of 1978-79 was initiated against the petitioners. A draft statement was prepared on 1-9-1990. The petitioner No, 1 did not file anv objection within the prescribed period but he filed it lateron which was rejected. An appeal was preferred by the petitioners against the said order which was also rejected. The petitioner, thereafter, filed a revision application before the Board of Revenue being Revision Case No . 1 of 1981.

(3.) The petitioners have contended that during the pendency of the aforementioned revision application, Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Amendment Ordinance 1981 (Bihar Ordinance 66 of 1981), which was later on repealed and replaced by Bihar Act 55 of 1982. came into force and in terms of Sections 32-A and 32-B as inserted thereby, all proceedings abated and such proceedings were required to be started from the stage of Section 10 of the aforementioned Act. The petitioners have contended that in that view of the matter, the Additional Member, Board of Revenue remanded the matter back to the Collector under the said Act.