LAWS(PAT)-2005-3-107

NARSINGH LAL DAGA Vs. STATE OF BIHAR

Decided On March 15, 2005
Narsingh Lal Daga Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD counsel for the petitioner and counsel appearing for the State.

(2.) PETITIONER has filed this application for quashing the orders dated 3.12.95 alongwith the order passed by Collector, Kishanganj as contained in letter No. 445 dated 14.12.95 whereby Sub -divisional Officer (Respondent No. 4) has been directed to take action under section 15(1), (2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, with respect to the land of Khata no. 40. Plot no. 486. measuring an area of 13.46 acres because it was declared surplus in Ceiling Case No. 57/1973 -74, by publication of notification under section 15(1) of the Act in the District Gazette. Further prayer of the petitioner is for quashing the notices dated 18.2.2000 contained in Annexure -8 series whereby the petitioner has been informed that purchase of this land by him is illegal on account of there being notification under section 15(1) of the Act declaring the land as surplus. Petitioner has been asked to submit his show cause, as to why Jamabandi running in his name with respect to the land be not cancelled.

(3.) THE petitioner is aggrieved by order contained in Annexure -7 issued by Additional Collector, Purnea, informing the Sub -divisional Officer, that restrain put on distributton of surplus land under section 15(1) has been withdrawn as such he should take steps for distribution of the land of Khata No. 40 Plot No. 481 measuring 13.46 acres, Notices were issued vide Annexure 8 Series whereby the petitioner has been asked to appear before the Circle Officer, Kisanganj with his documents to prove the genuineness of the transfer of this land in his favour.