MUNESHWAR PRASAD Vs. BOARD OF REVENUE

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for quashing of the proceeding in Land Ceiling Case No. 234 of 1975 76 of the Court Additional Collector, Motihari, including the draft statement dated 21.12.1982 prepared in pursuance of the order under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Areas and Acquisition of Surplus Land)' Act, 1961 (hereinafter referred to as 'the said Act'). The prayer has also been made for setting aside the ex parte order dated 23.2.1983 passed by the Additional Collector (respondent No. 1) for preparing a final publication contained in Annexure 4, notification No. 214 dated 19.2.1985, a copy of which has been marked as Annexure 6 to the writ petition.

(2.) PETITIONER No. 2 is the wife and petitioners 3 to 6 are sons of petitioners No. 1. According to the petitioners there was partition in their family in 1955 and two brothers of petitioner No. 1 separated from him and he settled in the district of East Champaran and his joint family acquired land in the said district in which he and his family members have got interest. Petitioners' case was that on 9.9, 1970, in the family of petitioner No. 1, there were five units but by virtue of the amendment in the said Act defining the word 'family7 the units were reduced to four only. Petitioner No. 1 filed his return on 5.4.1974 which gave rise to Land Ceiling case No. 234 of 1975 76 in the Court of Additional Collector, East Champaran, Motihari. It was alleged that the return was sent down for verification to the Anchal Adhikari who submitted his report to the effect that there were four adults in the family of petitioner No. 1. The learned Additional Collector, accordingly, by order dated 16.7.1976, dropped the proceeding on the ground that petitioner No. 1 could retain 120 acres of land under Section 5 of the said Act; whereas he was holding only 33.39 acres of Class IV land. A copy of the said order is Annexure 1 to the writ petition.

(3.) RESPONDENT No. 3 also directed issuance of notice to petitioner No. 1. It is stated that a copy of the said notice was served on the petitioner but, because of the aliment, an objection under Section 10(3) could not be filed. Subsequently, respondent No. 3 by his order dated 23.2.1983, proceeded to pass ex parte order for final publication and, on 16.3.1983, a final publication was made. Petitioner No. 1 then preferred an appeal against the order dated 23.2.1983 and 16.3.1983 before the Collector which was registered as Ceiling Appeal No. 15 of 1983 84. The said appeal was dismissed by the appellate authority holding that the land of Munger district not having been put in the appellant's mare rather they have been shown as surplus, the appellant is not going to lose anything. The appellate authority further held that the appellant has failed to file an objection 10(3) of the Act and, therefore, his claim for five units could not be substantiated. After dispose of the appeal a final notification under Section 15(1) of the Act was issued on 19.2.1985 by the Collector of the district, a copy of which is Annexure 6 to the writ petition.