VIJAY VIKRAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioners have questioned the order, dateed 6-10-1981 as contained in Annexure-1 to the writ application, whereby and whereunder the objection filed by the petitioners against the distribution of Parcha has been rejected.

(2.) The facts of the case lie in a very narrow compass. The petitioner no. 1 being the land-holder, a proceeding under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') was initiated against them being land Ceiling Case no. 93 of 1975-76 and final order was passed therein. That case had been re-opened by the Collector in purported exer :ise of his power conferred upon him under Section 45-B of the said Act. Thereafter, a notification in terms of Section 15(1) of the said Act was published. The government also approved the notification by a letter dated 21-10-1978. However, as mentioned herein-before, the said case was re-opened only for a limited purpose, i.e, for ascertaining as to whether the mother of the land-holder (petitioner no. 2) was alive and whether the lands remained unirrigated despite abundance of canal of Maina Tanr Anchal.

(3.) According to the learned counsel even after an order under Section 45-B of the said Act was passed, the petitioner no. 1 had right to give option with regards to the land which he intended to keep with himself. This right according to the petitioners has been denied to him. Before proceeding with this case any further, it should be noticed that this writ application was dismissed for default in the year 1985. The petitioner, thereafter filed a restoration application for restoring the writ application, which was registered as M. J.C. 388 of 1985. On the basis of a peon report in the aforementioned M.J.C. application, the petitioner came to learn that the respondent no. 15 died. It may be mentioned that the respondent no. 15 was one of the persons in whose favour, parchas have been distributed by the State of Bihar after acquiring the surplus land which previously belonged to the petitioner.