SAMU PAHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application arises out of a proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Laud) Act, 1961.

(2.) A ceiling case being CC. No. 38/73-74 was started against the petitioner No. 1 and final orders were passed declaring 32.70 acres as surplus land and holding that he could retain 90 acres, The petitioners were allowed 3 units.

(3.) In 1975, the case was reopened under Section 45-B without notice to the petitioner by the order dated 28/12/75 as contained in Annexure 5 (page 47) and it was held that the petitioners would be fitting only 2 units. Accordingly the Gazette publication Annexure 1 has been issued. The petitioners have by this application prayed for quashing the order and the Annexure-1. The learned Counsel for the petitioner has contended that in view of earlier decision, the matter should have been left undisturbed as no admissible reason for re-opening the proceeding is mentioned in Annexure-5. Further by the impugned orders, Bhuinhari lands (sic) exempted from the operation of the Section 2(k) have been illegally taken into consideration (pasted) It is also asserted that some sikmi lands belonging to strangers have been included in the petitioners' land illegally allotted to them after declining their raiyati lands as surplus.