YASMIN NEHAL Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) AS contemplated under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961, a proceeding was initiated in the then district of Munger being Land Ceiling Case No. 82/1975 -76 against one Syed Jamaluddin Ahmad, resident of Muskipur, Sub - division -Khagaria, District -Munger. Pursuant to objection filed, the matter was decided and order passed in terms of Section 10(3) of the Act by the Collector on 4.9.1982. By the said order, apparently, the Collector accepted the transfer made by the land holder in favour of his wife in the year 1945. The wife was divorced in 1956 but the gifts made by the wife from those lands were not accepted as valid. Thereafter adding those lands gifted by the wife to the lands of the land holders, surplus lands were declared and a notification in terms of Section 15(1) was then published on 1.4.1985. Under the said notification declaring and acquiring surplus land to the extent of 211.55 acres was made. It appears that pursuant to the said notification certain purchas were issued distributing the surplus land, as no intimation of any revision or any other proceeding impugning the said order was brought to the notice of the district authority. It appears that one of the donees, gift to whom had been not recognized as valid apart from other, filed revision application before the Board of Revenue, which allowed the revision application with a direction that the lands gifted to the wife by the registered patta of 1945 by the land holder had to be excluded from the proceedings as against the land holders.

(3.) THE effect is that first the notification dated 1.4.1985 under section 15(1) as against the said land holder Syed Jamaluddin Ahmad stood materially altered by order of the Board of Revenue. Subsequently, similarly, the notification issued on 16.9.88 though in respect of some lands treating them lands to be of Bibi Noorjahan was also set aside by this Hon ble Court but both these proceedings i.e. 82 of 1975 -76 and 1 of 1987 -88 remain inconclusive and in law both the notification therein issued under section 15(1) did not attain finality.