DAULAT KUAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON 15th April, 1983, a Notification was published whereby and under it was disclosed that by an order dated 22nd March, 1993 the riayat of the land in question was found to have the land in question in excess of the ceiling limit and accordingly such land became surplus land liable to vest in the State Government, By two orders dated 23rd March, 1984 and 24th March, 1984, such excess land was distributed by the State Government to people who were entitled to have such land. ON 12th May, 1983, appellants - writ petitioners applied under Form XIX prescribed by Rule 25 of the Bihar Land Ceiling Rules, 1963 in terms of the directions contained in Section 22 of the Bihar Land Ceiling Act, 1961. In that the appellants writ petitioners held out that the petitioners no. 1 & 8 are under riayats of 9.82 acres of such surplus land and petitioner no. 9 is the under riayat of approximately 11 acres of such surplus land. By that application, the petitioners wanted the State Government to recognize petitioners as occupancy riayats of the subject surplus land. It appears that on 16th December, 1983, the Circle Inspector submitted a report and, on the basis of the said report, on '1st July, 1985, the Collector held out that the petitioners are under riayats of the lands in question and settlement of the lands in terms of the orders dated 23rd March, 1984 and 24th March, 1984 is inappropriate and should be recalled. It appears that the Collector while deciding the application so made by the petitioners did not determine the amount payable in respect of the lands in question by the petitioners to the State Government in terms of the provisions contained in Section 22 of the Act read with Rule 25 of the Rules. It is claimed that the petitioners approached the Collector for grant of Parwana in their favour and also applied for settlement of compensation payable by them, but those were not considered and decided. In the circumstances, the petitioners approached this Court by filing the writ petition and thereby, amongst others, challenged the orders passed on 23rd March, 1984 and 24th March, 1984 settling the land in question. ONly on the ground of delay, the Writ Court dismissed the writ petition.

(2.) THERE is no dispute that Section 22 of the Act authorizes an under riayat to retain surplus land as occupancy riayat subject to payment in the prescribed manner and within the prescribed period to the State Government the amount, specified in the Schedule to the Act. Rule 25 of the Rules directs an under riayat to apply in Form No. LC XIX within a period of three months from the date on which the land is declared to be surplus land or within such further period as may be allowed by the Collector. Rule 25 further provides that when the application is allowed, the under riayat shall pay to the State Government annually for a period of 30 years the amount specified in that behalf in Part-IV of the Schedule to the Act, and at the same time authorizes payment of the same in one instalment or by instalments to be paid on 15th May of each year.