PRAKASH KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) . This writ application has been filed for quashing the entire proceeding of celling case No. 24 of 1979-80/ Tr. No. 86 of 1984-85 as also die order dated 26.4.1991, whereby, the Deputy Collector, Land Reforms, sent the matter for final publication in the official gazette of the District for acquisition of 126, 73 Acres of land as surplus.

(2.) For proper adjudication of the questions, involved in the present writ application, it would be appropriate to have a brief survey of certain facts. It appears in the years 1979 a land ceiling case was registered as L.C. Case No. 24 of 1979-80 against the petitioner on receipt of an information, submitted by the Anchal Adhikari, Katihar, the petitioner land holder submitted his return and approached for dropping the proceeding on the ground that he had no excess or surplus land for acquisition.

(3.) The additional collector (ceiling) published a draft statement under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter %o be referred as the 'Ceiling Act'), granting two units to the petitioners..