KASHI NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arising from a land ceiling proceeding is directed against the judgment and order dated 3.10.1996 passed by a learned Single Judge dismissing C.W.J.C. No. 3357 of 1985 filed by the appellants -landholders.

(2.) COUNSEL for the appellants assailed the order of the writ court as well as the orders passed by the authorities under the Act on a number of issues, including the denial of a separate unit to one of the family members, namely, Umesh Prasad Singh who, according to the appellants, had attained majority on 9.9.1970. But we need not go into all the points urged on behalf of the appellants because we find that the first order passed by the original authority (the Sub -divisional Officer, Bhabua) suffers from a jurisdictional error that is fatal to the entire proceeding.

(3.) WHILE the matter lay before the original authority after remand from the Board of Revenue the Land Ceiling Act underwent a very major change. By Ordinance No. 66 of 1981 (effective from 9.4.1981) Sections 32A and 32B were introduced in the Land Ceiling Act. The Ordinance was followed by Act 55 of 1982 (effective from 25.1.1982) that permanently retained the two provisions in the statute book. By virtue of Sections 32A and 32B all proceedings, at whatever stage, pending on the date of coming into force of the two provisions got abated by operation of law with a mandate to the authorities t initiate a fresh proceeding from the stage of Section 10. The ambit and scope of Section 32B was considered by a Full Bench of this court in Harendra Prasad Singh V/s. State of Bihar and Anr., A.I.R. 1985 Pat. 38 [: 1984 PLJR 908]. In paragraph 15 of the judgment it was observed and held as follows: