SHANKAR PRASAD SAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether the homestead land of a landholder can be taken into consideration for the purpose of computation of the ceiling area in terms of Section 4 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as 'the said Act') is the question involved in this application.

(2.) Before adverting to the aforementioned question the fact of the matter, in brief, may be noticed. A ceiling proceeding was initiated against the petitioner's family in which apart from other lands, land situated at Mauza Naranga, Mohalla Par Nadi Lakhi Bag, Khata No. 197, Plot No. 1124, area 16 decimals, plot No. 1068, area 1.62 acres, Khata No. 204, Plot No. 1091 area 12 decimals, Khata No. 226, Plot No. 1092 area 2 decimals, old ward No. 10 now 32 falling within the municipal area was included in the ceiling proceedings. Upon the said lands there exists a pucca house wherein the petitioner resides with his family members. Admittedly the said land was within the Gaya Municipality and now within Gaya Municipal Corporation. The petitioner contends that some portions of the lands are lying vacant and the said land is used for sahan and not for agricultural purpose.

(3.) The matter came up before this Court earlier in C.W.J. No. 2524 of 1989 and by an order dated 10-4-1989 which is contained in Annexure I to the writ application, the case was remitted to the Collector for deciding the question as to whether the land in question is within Gaya Municipality or not in the following words: "The third question is about 1.52 acres of land being within Gaya Municipality, Annexure-4 to this application seems to support the petitioners. This matter also will, therefore, be considered afresh by the Collector after affording opportunity to the parties." Pursuant to the said order of this Court a report was called for and the Land Reforms Deputy Collector inter alia held that the land in question was within the municipal area from before and now is within the Gaya Municipal Corporation. It was further stated therein that at that time no agricultural operation was being carried out. The said report is contained in Annexure-2 to the writ application.