BISHUNPAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was started against Rama Devi widow of Bhikhari Singh. In that proceeding apart from Rama Devi the petitioners also filed their objections stating that they along with Rama Devi were each entitled to one unit. They also raised objection regarding classification of land. All the objections were disposed of by the Land Reforms Deputy Collector, Gaya. Under Annexure 3, they had been rejected and only one unit was given to Rama Devi. Against the order aforesaid there was appeal and revision which have been dismissed. The orders are contained in Annexures 2 and 1 respectively.

(2.) It is not in dispute that Bakhari Singh died in the year 1966 leaving behind his widow Rama Devi and four daughters. Petitioners 1 to 3 are sons of one of the daughters Lakshmi Devi, petitioners 4 and 5 are the daughter and son of the second daughter Bali Devi. Petitioners 6 and 7 are the 3rd and 4th daughters. The claim of the petitioners is that each of the seven petitioners and Rama Devi are entitled to one unit each. Thus the entire, family is entitled to 8 units. If that be the position taking in view the classification. the family does not hold land in excess of the ceiling area. In the counter-affidavit which has been filed in this case it is stated that the writ petitioners cannot be treated as land-holder and they are not entitled to any unit. Rama Devi the widow of Bhikhari Singh was the only legal heir who had been in possession of the properties of Bhikhari Singh. It may be stated at the outset that the assertion that Rama Devi was the only heir of the Bhikhari Singh is clearly unsustainable in law. On the death of Bhikhari Singh all the four daughters and the widow jointly inherited the properties of Bhikhari Singh and all of them are the legal heirs of Bhikhari Singh.

(3.) The learned Member, Board of Revenue dealing with the matter has stated as follows: