MAHMUDUL HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the prayer on behalf of 1 the petitioners is to issue a writ in the I nature of certiorari quashing Ceiling Case No. 2/76-77 and the order dated 25-2-1986 passed therein, whereby 373.83 acres of land have been declared surplus showing it to be of the petitioner No. 1 after giving one unit to him and, further, to give effect to the order dated 11-9-1975 passed by the Collector in Land Ceiling Case No. 62/73, whereby after giving seven units to the family members of petitioner No. 1 the ceiling proceeding was dropped as no land was found surplus.

(2.) It appears that earlier also the land ceiling proceeding was reopened by the Collector, Saharsa against which the petitioners filed C.W.J.C. No. 1873 of 1976 which was finally heard along with C.W.J.C. No. 1872 of 1976 filed by Chaudhary Md. Salahuddin and disposed of by a Division Bench of this Court, vide judgment and order contained in Annexure 2. This Court held that the Collector, Saharsa was not competent to issue notices reopening the land ceiling case and the proceedings started upon those notices were held to be not legal. The writ applications were, accordingly, allowed and the notices impugned were quashed with an observation that the same will not bar the Collector of the District to take further action under Section 45-B of the amended Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'), if he considers it necessary. It appears that thereafter the same proceeding continued.

(3.) It is submitted by Mr. Chandra Shekhar, learned counsel appearing for the petitioners that no fresh order reopening the case under Section 45-B of the Act was passed by the Collector pursuant to which further action was taken. According to him, in fact, from the impugned order dated 25-2-1986, contained in Annexure 7, it would appear that the Collector proceeded to act under Section 38 of the Act for which there was no occasion as contemplated therein.