MD SALIM UDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing final publication made under Section 11 (1) and gazette notification issued under Section 15(1) of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (hereinafter to be referred to as 'Act') in relation to Ceiling Case no. 8/74 -75/5/74 -75 started against Haji Samuddin Rahman, father of respondent nos. 4 and 5. Immediately after starting of the said proceeding, the said land -holder died on 23.6.1974 leaving behind his five legal heirs, which include aforesaid two respondents, two daughters of the landholder, namely, Bibi Badura Khatoon and Bibi Jubedan Khatoon besides his widow. It has been stated that after death of original land -holder, referred to above, only respondent no. 5 was brought on the record as heir and legal representative.

(2.) ALL the petitioners claim to be purchasers of the lands, which had been acquired in the aforesaid ceiling proceeding, and details of their claims have been set out in paragraph no. 5 of the supplementary affidavit filed on their behalf. Paragraph no. 5 of the supplementary affidavit to the instant writ application runs as follows : - œ5.The petitioners are furnishing the following details of the land purchased by them :

(3.) IT is well settled that with regard to the transfer made prior to 22.10.1959 under registered sale deed a ceiling authority has no jurisdiction to make any sort of enquiry and it is bound to exclude such lands from the ceiling proceeding. But if the transfer is made orally coupled with acceptance of rent and grant of rent receipt, an enquiry is required to be made under law after giving reasonable opportunity to the parties to adduce evidence on the question as to whether, in fact, transfer was made before 22.10.1959 or thereafter. If it transpires from the enquiry that the transfer was made before 22.10.1959, the ceiling authority has to exclude such a land from the proceeding, but in case it is found that the same was made after 22.10.1959, then an enquiry under Section 5(1) (iii) of the Act has to be made after giving opportunity of hearing and adducing evidence to the transferee, the land -holder and the State.