SATYA NARAIN AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these three writ applications have been heard together and are being disposed of by this common judgment. The matter arises out of proceedings taken under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land Act), 1951 (hereinafter to be referred to as 'the Act) C.W.JC. no. 1041 of 1977 has been filed by Jai Narain Ram (petititioner no.1), the landholder against whom the proceeding was initially started, his soa Shiva Kumar and his wife Shrimati Jamuna Devi (petitioner nos. 2 and 3 respectively), the other two applications, namely, C.W.J.C. nos. 1037 and 1049 of 1977 have been filed by the transferees or settlees from the alleged benamidars of the landholder mentioned above.

(2.) A proceeding under the Act, namely, Ceiling Case no. 77 of 1973-74 was started against Jai Narain Ram aforesaid, who was served with a notice under section 8 (i) of the Act, directing him to submit return of the lands held by him. The said petitioner submitted return with respect to only 39.32 acres of land said to have been held by him. According to his case, he did not hold any surplus land liable to be acquired. The matter was sent for verification to the sub-divisional officer, Bagahs. The verification report was submitted on 17.5.1975, according to which petitioner Ramnarain Ram was holding 958.325 acres of land in his own name as well as in the names of his farzidars and relations. The additional Collector, Bettiah by his order dated 13.8.1975 held that the family of the landholder was entitled to two units ; one for the father, namely, Jai Narain Ram and his wife and the other for his major son Shiva Kumar (petitioner no. 2 in C.W.J.C. no. 1041 of 1977), and after allowing an area of 52.15 acres for the two units, declared 906-175 acres as surplus. A draft statement was published accordingly. On the basis of the verification report that the landholder had created various documents to defeat the provisions of the Act, notices were issued to the settlees and/or transferees by the Deputy Collector Incharge, Land Reforms, Bagaha, purporting to be under the provisions of sections (i) (iii) of the Act, for annulment of the transactions.

(3.) It may ba maintained that the transfers and settlements in question are of three categories namely (1) these affected 22. 10.1959, (ii) those affected after 22.10.1959 but before 9.9.1970, and (iii) those effected after 9.9.1970.