ABDUS 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 18-9-1992.

(2.) The fact of the matter lies in a very narrow campass Late Md. Magbul Rub the father of the petitioner executed a deed of gift dated 18-4-1963 in favour of the petitioner Nos. 1 to 3 and as contained in Annexure-1 to writ application. He executed another deed of gift dated 24-3-1972 as contained in Annexure-2 to the writ application. Yet recently by reason of the another deed of gift dated 25-3-1972 he gifted the property mentioned therein in favour of petitioner Nos. 1 to 4 which is contained in Annexure-1 and 2/1 to the writ application.

(3.) A land Ceiling proceeding was initiated against the aforementioned Md. Maqbul Rub and his co-sharers in the year 1973 which was registered as ceiling Case No. 18 of 1973-74. As the said proceeding was pending as on 9-4-1981 ; in terms of Section 32-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act), the same abated. Thereafter a fresh proceeding was initiated Md. Maqbul Rub died leaving behind the petitioner and his legal representative. However after his death his widow was only substituted.