SITA SANDER DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five writ applications were heard together and are being disposed of by this common order.

(2.) One Pundep Prasad, father of respondent No. 3 died on 1-2-1955 leaving behind his six sons namely Hari Charan Prasad Sah, Rameshwar Pd. Sah, Biswanath Pd. Sah, Dinanath Pd. Sah, Paras Nath Pd. Sah and Baidyanath Pd. Sah. The said family had more than 300 acres of lands. According to the petitioner, partition was effected amongst the aforementioned six sons of Pundeo Prasad on 9-5-1961. The petitioner had contended that Hari Charan Pd. Sah in terms of the aforementioned partition came in possession of 0.90 decimals of land of plot numbers 157, 158 and 159.

(3.) A proceeding under the provision of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred for the sake of brevity as 'the said Act') was initiated against Hari Charan Prasad Sah. The said proceeding was dropped by an order dated 22-5-1979 passed by the Additional Collector, Motihari, as contained in Annexure-2 to the writ application. It has been held therein that the said laid-holder having 33.65 acres of lands would be entitled to four units and, thus, no surplus land is available at his hands. However, it was directed that as all the six brothers are separate, so separate proceedings under the said Act should be initiated against each of them.