BHUNESHWAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition, the petitioner has challenged the order dated 2-12-1980 passed by respondent No. 3 the Collector of Siwan, as contained in Annexure-10 the order dated 5-8-1981 passed by the said respondent No. 3 as contained in Annexure-11, the order dated 6-3-1982 passed in revision case No. 232 of 1981, by the Additional Member, Board of Revenue (respondent No. 2), as contained in Annexure-12 and also the order dated 28-6-1982 passed by the Additional Collector, Siwan (respondent No. 4) as contained in Annexure-13 to the writ petition.

(2.) Before adverting to the facts of the case, it may be noted that the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to for the sake of brevity as 'the Act') came into force on 19-4-1962, and the period appearing in Section 5(5) of the said Act, as it then stood, was of 'six months' in order to enable the landholders to transfer their lands, to certain categories of persons mentioned therein, but the said period was extended to 'one year' by Bihar Act 12 of 1962.

(3.) The facts of the case lie in a very narrrow compass and are not much in dispute. The Guru of the petitioner Mahanth Shiv Goswami executed a deed of gift in favour of the petitioner on 20-9-1962, in respect of the lands in question. As noticed hereinbefore may transfer inter alia by 'gift' could have been made under the law by the landholder upto 18-4-1963. Thereafter in the year 1975, a proceeding in terms of the Act was initiated against the aforesaid Mahanth Shiv Goshwami (respondent No. 5), which was registered as Land Ceiling Case No. 6 of 1975-76. In the said proceeding, the Additional Collector, Siwan, by his order dated 25-8-1975 (Annexure-4) held that the transfer made to the petitioner by the Mahanth (respondent No. 5) was invalid. On 30th of June, 1976, the aforementioned Mahanth Shiv Goswami allegedly made voluntary surrender of 19 Bighas 18 Kathas and 12 Dhurs of land, as contained in Annexure-1.