SHREEMATI INDUMATI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This writ application raises a question as to whether a wife living separately from her husband is entitled to allotment of a separate unit.

(2.) In this application, the petitioner has contended that she has been living separately from her husband since 1969 and since then she has been getting maintenance from her husband. It appears that an agreement had been entered into by ana between the petitioner and her husband on 30th March 1974, which is contained in Annexure-X to'.the writ application in terms whereof, inter alia, the properties measuring 26.19 decimals of land and as described in Schedule 1 thereof had been given to her as an absolute owner. The contention of the petitioner is that in view of the aforementioned agreement the said lands have been given to her in lieu of maintenance which should not be taking into consideration while determining the Ceiling Area of her husband under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act.

(3.) Learned counsel appearing on behalf of the petitioner in support of this application has strongly relied upon a Division Bench decision of this Court in Arti Devi v. The State of Bihar, 1982 BLJR 87. The submission of learned counsel appearing on behalf of the petitioner cannot accepted for more than one reasons.