MOST UPANETA KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case arises out of a ceiling proceeding being L.C. Case No. 572/7475, wherein initially ORDER :s were passed and certain lands were declared surplus. As the land as is being claimed by the petitioner was also declared surplus, notification under section 15(1) of Ceiling Act was issued. The petitioner has challenged such notification and one or other ORDER :passed by the authorities.

(2.) THE fact, as admitted, that the land in question measuring 3.91 acres appertaining to Plot Nos. 264, 265, 266 and 268 under Khata No.101 originally belonged to ex -land holder Ras Bihari Dubey, against whom ceiling proceeding was initiated. It was declared surplus vide notification issued under section 15(1) on 16th April, 1977. Husband of the petitioner Haridwar Pandey was not noticed nor heard, so he moved before the D.C.L.R. for exclusion of the lands claiming to be his own land. It was pleaded that the land, in question, was settled by ex -landlord in 1348 Fasli (194142) in favour of Haridwar Pandey, who came in cultivating possession of the same. At the time of vesting, the ex -landlord submitted return showing the name of settlee Haridwar Pandey. In support of the same, rent receipts as were issued by ex -landlord prior to 1955 have been enclosed as Annexure -1 series.

(3.) FURTHER case of the husband of the petitioner was that he (Haridwar Pandey) having found in possession, on verification, Jamabandi was created in his name and since then he continued to pay rent and obtained receipts from the State Government. The land was subsequently recorded in the name of Haridwar Pandey in the records of right prepared after revisional survey and finally published in 1970 -71. It was specifically pleaded that the land was deciared surplus without any notice to him under section 5(1) (iii) of Ceiling Act.