SHAHIDA HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter arises out of a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'). The State of Bihar has not taken any decision to withdraw the applicability of the Act after its repeal by the Central Government. Be that as it may the factual matrix for the purpose of disposal of the case is that the land ceiling proceeding was initiated against Mr. Saiyed Askari Hadi Ali Augustine Imam. That proceeding was decided by the authority against which he preferred an appeal before he Commissioner under the provisions of the Act and the appellate Court remanded the matter to the original authority to consider the matter in the light of the directions made in the order and thereafter the authority (District Collector) has passed the order dated 9.3.1988 contained in Annexure-2 whereby two units had been given to the person against whom the proceeding was initiated and the heirs of Mehdi Imam.

(2.) The land ceiling proceeding was initiated with regard to the building and land in the heart of town at Patna which is known as 'Rizwan Building'. The claim of the petitioner is that he has interest in the land and the building. Her case is that it is a waqf property and she has share to the extent of 10 annas but no opportunity of hearing was given in the proceeding and accordingly, she prayed for quashing the order passed by the Collector as well as the notification made under Section 10(3) of the Act notifying the surplus land having vested in the State of Bihar.

(3.) The admitted fact is that against the order of the Collector a contained in Annexure-2 appeal has been preferred before the Commissioner by the person against whom the proceeding was initiated. Their stand is that the property belonged to them only. The State has also objected to the stand of the petitioner.