(1.) This application arises out of a proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 in which a proceeding was started against the petitioner in the year 1973 and 50.21 acres of land have been found surplus. The petitioner has so far failed before all the authorities in saving the properties but before the Board of Revenue there has been a partial remand. However, I am not concerned with the question for the remand.
(2.) Before me the impugned order has been assailed primarily on two grounds i.e. (i) that 9.55 acres of land transferred by the petitioner in the name of his wife Ram Jyoti who was living separately from the petitioner could not be included under the holding of the petitioner; and (ii) that the revenue authorities have committed an apparent error of law in adding another area of 5.98 acres of land which was dedicated to the deities namely Sri Ram Jankijee, as far back as in the year 1913.
(3.) The Board of revenue in para 5 of its resolution has said that