LAXMAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioners to allow him to retain the lands purchased by him in the year 1987 from the land holder which has been declared as surplus and it should be treated as the land opted by the land holder under Section 9(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act and some other land allotted to the unit of the land holder should be declared as surplus.

(2.) A counter affidavit has been filed by the State wherein detail of some land of village Khusi Tola has been given, which were transferred by the land holder after obtaining sanction and which has been allowed to be retained by the land lord in the Ceiling Proceeding. Counsel appearing for the State submits that the landlord is not left with any land which can be declared as surplus in exchange of the petitioner's land treating it to be the land declared by the landlord or those lands which has been allotted in the unit of the landlord has already been transferred.

(3.) Since no such statement has been made in the counter affidavit, the counsel for the State is directed to file supplementary counter affidavit giving details of 60 acres Class I land which has been allotted in the unit of the landlord. There must be specific assertion these lands have already been transferred by the landlord and these are the lands which has been allotted to the unit of the land.