AKHILESHWAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against a letter dated 9-12-1991 issued by the Circle Officer, Bagha-2 and addressed to the Land Reforms Deputy Collector, Bagaha whereby a purported verification report had been sent to him as contained in Annexure-7 to the writ application as also the verification report as contained in Annexure-8 thereto.

(2.) One Girdharan Prasad Mishra, grand father of the petitioner was the landholder. A proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) was initiated against him being Ceiling Case No.14 of 1975. The landholder filed objection which was rejected. The matter went up to the Member, Board of Revenue, who held that the petitioner is entitled to five units. The Member, Board of Revenue further allegedly upheld the objections filed by the petitioner with regard to exclusion of lands transferred or donated by (sic) virtue of deeds of gift. However, the objection of the petitioner with regard to exclusion of 16.49 acres of land which was allegedly dedicated in the year 1965 to Lord Shiva and Mata Parvati did not find favour with the Member, Board of Revenue. Allegedly a deed of Samarpannima was executed on 27-1-1973. The petitioner thereafter filed a writ application before this Court being C. W.J. C. No. 2643 of 1976 which was disposed of by an order dated 4-4-1977, in terms whereof the matter was remitted to the Deputy Collector, In charge Land Reforms, Bagaha with a direction that the matter as to whether the dedication was in fact made in the year 1965 or not should be decided. By an order dated 19-5-1983 the Land Reforms Deputy Collector, however, took into consideration other points also and inter alia held that the petitioner's family was entitled to three units and not five units. He further held that a proceeding under Section 48E of the Bihar Tenancy Act was initiated at the instance of Bataidars and the said lands and other lands are also to be clubbed with the lands held by the petitioner and his family members. He further held that the lands acquired for laying down Railway Lines and for construction of a paper factory were also not to be excluded from the purview of acquisition. He further disallowed the claim of the petitioner to exclude the land which was covered by the deeds of gift. He further gave certain other directions. The said order is contained in Annexure-3 to the writ application.

(3.) The petitioner filed an appeal against the said order being Ceiling Appeal No. 192 of 1983. The Appellate Authority by his order dated 16-5-1986 remanded the matter to the Collector under the Act.