KAMLA KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing for the State.

(2.) Instant writ application has been filed for quashing the order dated 3.9.2001, passed by the Subdivisional Officer Mohania (Annexure-2) and the Gazette Notification dated 20.11.2001 publised under Section 15 (1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter to be referred to as the Ceiling Act) Annexure-2/A and further for commanding the respondents to forebear from interfering with the possession of the petitioner over the land in question.

(3.) Facts leading to the present application is that a Ceiling proceeding No. 12 of 1970-71 was initiated against the land holder Bhagirathi Devi wife of Sheo Kumar Tiwary and mother of present petitioner. This proceeding was initiated with respect to 120.40 acres of land appertaining to R.S. Khata No. 238,264,265 and 420 situated in village Barhupar and Khata No. 56 situated in village Tilanga in the district of Kaimur. In the said Ceiling proceeding Bhagirathi Devi and her two daughters i.e. the petitioner Kamla Kuer and Vidyut Prabha Devi filed a Ceiling Revision Case No. 641 of 1976 before the Member Board of Revenue, Bihar, Patna and the matter was remanded to the S.D.O. Bhabhua for deciding the age of Vidyut Prabha and also for holding an enquiry regarding the transactions of the land in question. Sheo Kumar Tiwary the husband of land holder had executed two gift deeds in favour of his two daughters namely Kamla Kuer and Vidyut Prabha Devi on 13.4.1963. The donees were transferred 29 acres of Class IV land in their favour through this registered deed of gift executed within the permissible period under Section 5(v) of the Ceiling Act as existing at that period as such the transfer in favour of the daughters through the gift deed was in consonance with the provisions of the Ceiling Act. The S.D.O. Bhabhua on remand of the case by order dated 18.4.1978 dropped the proceeding. The reason for dropping the proceeding was that after excluding 45.33 acres of Shikm land only 75.10 acres of land was found to be possessed by the land holder and the land was classified as Class-IV land. After giving three major units the S.D.O. came to a conclusion that there is no excess land and the proceeding was concluded in favour of the land holder. The order dated 18.4.1978 remained unchallenged. Petitioner and her sister Vidyut Prabha Devi after transfer of 29.97 acres of Class IV land in their favour in village Tilanga got their names duly mutated and their names were also entered into the survey Khatian finally published in the area on 8.1.1997. The petitioner and her sister became distinct and independent raiyat as also all the documents of title and possession are in their name. A fresh Ceiling case No. 139 of 1982 was started against Bhagirathi Devi. In that ceiling case the land of the donees were also included, but no notice was sent to them. There was no reason for reopening the case under Section 45-B as the condition precedent for reopening was not satisfied. The case was reopened just to test the veracity of the final order dated 18.4.1978. -