SAHDEO PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application is directed against the order passed by the Collector, Rohtas, at Sasaram passed in Ceiling case no. 36/83 under the purported exercise of Sec. 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') reopening the aforementioned ceiling proceedings.

(2.) IT appears that a proceeding under the Act bearing ceiling case no. 18/75 -76 was started against the petitioners, in which the petitioners were found to be in possession of 55.40 acres of land of different classes. The petitioners were allowed to retain 44.87 acres of land and 10.53 acres of land was declared as surplus by an order dated 26th July, 1976 passed by the Dy. Collector Incharge, Land Reforms, Sasaram.

(3.) BEING aggrieved by the said order, the petitioners filed appeal no. 13/76 -77 before the Collector, Rohtas, who by his order dated 17th September, 76 affirmed the order passed by the D.C.L.R. with only a slight modification in regard to 60 decimals of lands which was excluded from the surplus land as declared earlier. Thereafter the petitioners filed revision case no.1564/76 against the aforementioned order of the Collector. The said revision was finally heard by the Additional Member, Board of Revenue, who by his order dated 5th January, 77 held that the Collector had decided the case on a notional partition among the two brothers namely petitioner nos. 1 and 2, which was erroneous in law. He also found that the family of the petitioners were joint and therefore, the basis of notional partition was wrong. It was also found by him that the petitioners were entitled for 6 units and did not hold any surplus land and accordingly, the ceiling case was dropped.