KASHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing order, contained in annexure 3, whereby various objections filed on behalf of the land holders under Section 10 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to as 'Act') have been rejected, and orders passed by the appellate authority and the revisional authority, contained in annexures 2 and 1, respectively, by which the order passed by the original authority has been affirmed.

(2.) Undisputetily, heirs of Feku Singh held 252 acres and odd decimals of lands, out of which 68 acres and odd decimals of lands have been declared surplus. After rejecting the objections final publication under Section 11 of the Act has been already made. The land holders have been granted five units besides l/10th for one minor member. In this writ application, impugned orders have been attacked on fourgrounds. Firstly, it has been submitted that the authorities have committed an error in holding that the lands belonging to the land holders are in Class IV, while, as a matter of fact, all the lands held by the land holders come within Class VI. In the order passed by the original authority, contained in annexure 3, it has been mentioned that the disputed lands are situated at the foot of Camoor hills but full of stones and no irrigation facility is available to any of the lands It has been further stated that as irrigation facility is not available to any of the lands, the same would fall within Class IV In the appellate order also, it has been mentioned that the lands are lying at the foot of the hills. The revisional authority has mentioned in the order that the lands in questionr are at the foot hills, that is, in valley, and are of capable of being cultivated.

(3.) In this connection, it will be necessary to refer to Section 4 (f) of the Act. which relates to Class VI. and the same reads thus :