KRISHNA PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arising from decision of the Additional Member, Board of Revenue, in Case No. 168 of 1993 raises an interesting question of law as to whether, while determining the ceiling area of a landholder, the land of a female member of the family governed by Mitakshara School of Hindu Law, as a landholder in her own right, is to be treated as part of her husband's estate and be clubbed with his land even though she dies intestate and issueless before such determination takes place or the same is to revert to the common hotchpot of her deceased father, brothers etc.

(2.) THE proceeding giving rise to the writ petition has a chequered history. Shortly stated, Ceiling Case No. 13/8 of 1973 -74/74 -75 was initiated by the Collector, Aurangabad. .in respect of the joint family lands of petitioner No. 1, Krishna Prasad Sharma (K.P. Sharma, in short) for determination of the ceiling area and acquisition of surplus lands under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (the Ceiling Act', in short). A draft publication was made in 1975 under which 4 units were granted in favour of (i) Deorup Kuer widow of Late Thakur Dayal Singh (brother of the grandfather of K.P. Sharma), (ii) Bachchi Devi widow of Late Bindeshwari Pd. Singh and mother of K.P. Sharma, (iii) K.P. Sharma himself and (iv) Ranvijay Sharma, brother of K.P. Sharma. The petitioners filed objection claiming, inter alia, separate units for Smt. Krishnamani Devi, sister of late Bindeshwari Pd. Singh and K.P. Sharma's aunt (phua) and Ashok Kumar Sharma brother of K.P. Sharma, and fractional units for the additional children of K.P. Sharma. The claim was rejected by the Collector as well as the Divisional Commissioner. The Board of Revenue in Case No. 19 of 1976 also rejected the claim for additional units. It, however, directed that the number of minor children of K.P. Sharma as on 9.9.70 should be verified and then the claim for fractional units in respect of additional minor children of K.P. Sharma be decided. Both the landholder i.e. K.P. Sharma and Smt. Krishnamani Devi filed writ petitions before this Court, vide CWJC Nos. 301 of 1978 and 303 of 1978. From the judgment of this Court, marked Annexure -1, it appears that two contentions were raised in the said writ petitions regarding separate unit for Krishnamani Devi and re -classification of the lands. This Court accepted both the contentions and remanded the case to the Collector. As regards the claim of separate unit for Smt. Krishnamani Devi, it was held that being the daughter of Jamuna Pd. Singh, who died in 1968, she was land -holder' having interest in the lands held by Jamuna Pd. Singh. This Court, however, also clarified that in case Krishnamani Devi is found by the authorities to hold land in excess of the ceiling area it would be open to them to star another proceeding against her.

(3.) A fresh draft statement, for the third time, was accordingly published on 27.8.91. The DCLR, amongst other things, purporting to ascertain the legal heirs of Smt. Deorup Kuer and Krishnamani Devi, pursuant to the aforesaid directions of the Board of Revenue, held eight male members of the joint family to be the legal heirs and after distributing 30 acres (equivalent to two units admissible to two deceased widows) amongst those eight members, found 14.50 acres land to be surplus lands. The landholder unsuccessfully challenged the said order before the Collector and finally approached the Board of Revenue again in Case No. 168 of 1993.