TARIQUEANISKHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 15-3-1993 passed by the Collector, Sitamarhi (respondent No 2) in Land Ceiling case No 7 of 1976, whereby the ceiling proceeding had been directed to be reopened in exercise of his power under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act.

(2.) The fact of the matter lies in a very narrow compass.

(3.) A ceiling proceeding was initiated against Nasiruddin Hvder Khan father of the petitioners and others. Allegedly, the said landlord had 2.86 acres of Class IV lands. The petitioners have contended that 19 67 acres of land had already been sold prior to 9-9-1970. A report was submitted by the Anchal Adhikari that the petitioners were entitled to have 9 units of class IV lands. The land holder executed a registered deed of gift on 17-4-1963 in favour of his sons and his wife namely, Sajda in respect of 61 bighas, 4 kathas and 16 dhurs of lands He thereafter executed another deed of gift in the year 1963 in favour of his four daughters measuring 53 bighas 8 kathas and 9 dhurs. He again executed a deed of gift in the year 1963 in the name of Saida Khatoon and Habiba Khatoon widow of his brother, namely, late Salauddin Hyder Khan with respect to 65 bighas 8 kathas of land. Thus the land holder had already gifted a total area of 163.79 acres of land within the permissible period.