PRAMOD PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ petition arises from a land ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). The proceeding was initiated against the petitioner and a draft statement was prepared on 4.11.1977 showing him in possession of 110.5 acres of Class V lands.

(2.) According to the petitioner, his father, Anirudh Prasad Singh died in 1976, before the commencement of the proceeding, leaving behind his widow Smt. Yavendra Priya Devi, two sons Kedar Prasad Singh and the present petitioner Pramod Prasad Singh and five daughters, all of whom had attained majority long before the appointed date 9.9.1970. In this case, we are not concerned with Kedar Prasad Singh, the other brother of the petitioner, who according to the petitioner's case was living separately from the life time of their father and against whom a separate land ceiling proceeding was initiated. In the proceeding initiated against the petitioner, the Additional Collector after considering the petitioner's objections under Section 10(iii) of the Act allowed him 2 units -one for himself and the other for his widowed mother, and directed for preparation of the final statement showing 88 acres of Class IV land and declaring 28 acres as surplus. At the appellate stage, the question of units for the five sisters of the petitioner was also agitated and the Collector by his order, dated 29.1.80 remanded the matter to the Additional Collector with direction to consider, inter alia, the question of giving shares to the five daughters of the late Anirudh Prasad Singh.

(3.) At that stage the proceeding got abated in terms of Section 32 -A and a fresh proceeding was initiated under Section 32 -B of the Act. It may be noted here that in the freshly initiated proceeding a verification report dated 12.3.1983 was received, which supported the case of the petitioner that his father Anirudh Prasad Singh on his death had left behind five daughters who were all major on 9.9.1970. The Additional Collector, however by his order, dated 15.12.1984 (Annexure -1) once again allowed only two units to the petitioner. One for himself and the other for his widowed mother.