BITAL SUNDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has impugned the orders dated 30.4.84 (Annexure-3), 30.5.85 (Aruiexure-4) as well as 16.10.86 (Annexure-5) by reason of which the respective authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), decided the matter of pre-emption in favour of respondent No. 5.

(2.) For appreciation of the arguments advanced on behalf of the parties a few may be stated: The original respondent No. 5, Mostt. Dukhani Devi who had subsequently been substituted by her legal heirs and representatives in this Court, filed a petition before the Deputy Collector, Giridih fro pre-emption and by order dated 8.7.80 her said petition was rejected. The said case was registered as case No. 19/79-80. Against that order respondent No. 5 preferred Land ceiling appeal 9/80-81 /3. 23/81-82 before the Additional Collector and the same was dismissed holding that the same had abated in view of the amendment made in the Act by reason of which Section 32-A was inserted in the parent Act. Respondent No. 5 moved this Court in CWJC No. 1962/81 (R) against the said order dated 5.9.81 by which the aforesaid appeal was held to have been abated.

(3.) A learned Single Judge of this Court by his order dated 8.7.87 set aside the said order on the ground that the aforementioned provision of Section 32-A of the Act was later on amended with retrospective effect by reason of subsequent Ordinance and now the Legislature itself has provided that all such appeals which abated, shall stand restored. This Court remitted the matter to the Additional Collector, Giridih for a decision on merits in accordance with law. However, it appears that the Additional Collector heard the appeal filed by respondent No. 5 and by order dated 30.4.84 allowed the appeal by setting aside the order dated 8.7.80 as contained in Annexure-1. This order of the Additional Collector is Annexure-3 to the writ application.