KUSUM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Counsel for the State.

(2.) THE petitioners are aggrieved by the orders dated 9.5.1998 and 9.6.1998 passed in Ceiling Case No. 15 of 1974 -75/1 of 1995 -96 as affirmed by the Collector, Arwal in Ceiling Appeal Case No. 9/D.M./2002 -2003.

(3.) FOR the purpose of the present controversy suffice it to say that the land ceiling proceeding was dropped on 31.10.1974 granting three units, was reopened under Sec. 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Land Act. The ground on which the proceedings were reopened was that the petitioner No. 3 Rajiv Ranjan Prasad Singh was not a major as on 9.9.1970 and therefore was not entitled for one aforesaid date. The petitioners questioned the same in CWJC No. 10497 of 1993. This Court by its order dated 26.6.1995 directed the age of the petitioner No. 3 to be reassessed by ossification test. The fresh report by the ossification test dated 4.7.1996 confirmed him to be a major aged 19 years as on 9.9.1970.