KUMARI KIRAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) As all the writ petitions arise out of common order passed in Ceiling Case No. 71P/73-74 and common points of law are involved, they have been heard together and are being disposed of by this common judgment.

(2.) Petitioners, namely, Kumari Kiran Chaudhary, Kumari Kalpana Choudhary, Kumari Kalyani Choudhary and Kumari Kumkum, who are petitioners in first four writ petitions, they are married daughters of one late Maheshanand Thakur, whereas fifth writ petition (C.W.J.C. No. 6786/90) has been filed by widow Pramodeni Devi and two sons, namely, Binodanand Thakur and Chetanand Thakur of late maheshanand Thakur.

(3.) A land ceiling proceeding was initiated against late Maheshanand Thakur, who filed objection after publication of draft statement under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area Acquisition of Surplus Land) Act, 1962 (for short the 'Act'). The total area of land was shown as 354.96 1/12 acres, Only 27.84 acres, equivalent to one unit, was allowed to be retained by late Maheshanand Thakur. Various objections were raised by late Maheshanand Thakur. He pointed out that 119.94 acres of lands were gifted to his daughters (the petitioners of first four writ petitions) and 98.7 acres of lands to his two sons (petitioners 2 and 3 of the 5th writ petition). Further, it was claimed that 10.14 acres of land was acquired for Kosi Project and 45.16 acres of land was in possession of Sikmidars. He further claimed that 11.50 acres of lands were in possession of the Pradhan Lal Mandal and another Smt. Krishna Devi in pursuance of a decree passed by a Civil Court. He request for deletion of such lands from the draft publication. Further, late Maheshanand Thakur raised objection relating to classification of lands, as shown in the draft publication. The matter was fought by said late Maheshanand Thakur upto to revisional stage. In Revision Application Nos. 5/79 to 11/79 filed by said late Maheshanand Thakur, the then Additional Member, Board of Revenue, passed order on 31st May, 1979. So far as the lands, as claimed to have been gifted in favour of the four daughters (petitioners of first four writ petitions) and the gifts which were made in favour of two sons (petitioners 2 and 3 of 5th writ petition), made in April, 1963 through registered deed of gifts, were held to be in accordance with law, and was accepted. With respect to annulled transfer of 60.53 acres of lands, the matter was remanded for a fresh enquiry under Section 5(1)(iii) of the Act, after giving opportunity of. hearing to the concerned parties and for adducing evidences. Earlier orders passed by the Subdivisional Officer and Additional Collector were set aside.