BANARSI DEVI Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ application has been filed for quashing that portion of order dated 11-9-1976 passed in Land Ceiling Case No. 15 of 1976 by the Additional Collector, Sitamarhi, contain in annexure 1, whereby.it has been ordered that lands claimed by the petitioner as her self acquired property would be treated to be lands of her husband Sheo Shankar Prasad, who was land holder and direction has been given to publish the draft statement under Sec. 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act"). Further prayer has been made for quashing the portion of order dated 15-4-1980, contained in annexure 2, passed in Land Ceiling appeal No. 5 of 1977, whereby, appeal filed by the petitioner against the order rejecting her objection under Sec. 10(3) of the Act was rejected and it has been held that lands claimed by her as separate and Stridhan can be clubbed along with the lands of her husband, who was land holder and the revisional order, contained in annexure 3 whereby, rejection of petitioner's claim by the appellate authority has been affirmed.

(2.) Case of the petitioner, in short, is that she was married to Sheo Shankar Prasad, respondent No. 5, who deserted and ultimately divorced her. Subsequently, the said respondent No. 5, is said to have married one Sita Devi in the year 1954. Father of the petitioner having seen miserable condition of his daughter parted with some money out of which she acquired lands measuring 9.26 acres, came in possession thereof and started paying rent therefor. At the time of vesting the Ex-intermediary submitted return in which her name was mentioned in the column of raiyat and consequently Jamabandi was opened in her name by State of Bihar and she has been paying rent to the State. In the year 1962, with intervention of the friends and well wishers, respondent No. 5 in lieu of her maintenance gifted away 18.05 acres of land in her favour under registered deed dated 23-1-1963. Pursuant to the gift, the petitioner came in possession of the same, got her name mutated and since then she has been making payment of rent to the State of Bihar which has been granting rent receipts in her favour.

(3.) A ceiling proceeding bearing ceiling case No. 15 of 1976 was initiated against respondent No. 5 and in the said proceeding the aforesaid lands belonging to the petitioner were also clubbed with the lands of her husband and draft publication under Sec. 10(2) of the Act was made pursuant to order dated 11-9-1976, contained in Annexure 1. Thereafter, the petitioner filed objection under Sec. 10(3) of the Act claiming the aforesaid lands to be her Stridhan. Her further claim was that she separated from her husband and was divorced by him. The said objection filed by her was rejected by the Additional Collector by his order dated 30-12-1976. The objections filed by other persons were also disposed of by same very order.