MAHANTH ONKAR GIRI CHELA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant herein filed a writ petition being CWJC No. 3138 of 1983 praying for quashing of the notice dated 27-5-1983, Annexure-10, issued by the Achal Adhikari, Motipur as also the notice dated 30th June, 1983, Annexure-13, issued by the Additional Collector, Land Reforms, Muzaffarpur and the various orders passed by the Additional Collector, Land Reforms Muzaffarpur in Land Ceiling Case No. 578/74-75 as contained in Annexure-14, particularly the order dated 14-6-1983 whereby the Additional Collector, Land Reforms recalled his earlier order, Annexure-9, dated 6-9-1982.

(2.) The facts not in dispute are that a land ceiling case was initiated against the petitioner in which by order dated 30th December, 1977, Annexure-5, the Additional Collector, after remand from the Member Board of Revenue, recorded a finding that the land holder was entitled to two units i.e. 60 acres of Class IV lands, and an area of 2.44 acres of class IV land was declared surplus. The Additional Collector recorded a finding of fact that one of the son of the petitioner had attained majority on the relevant date, namely the 9th of September, 1970 and therefore they were entitled to two units. The Additional Collector' order was not appealed from. However, in view of the coming into force of S. 45B of the Bihar Land Reforms (Fixation of Celing Area and Acquisition of Surplus Land) Act, all the proceedings were re-opened, including the land ceiling case relating to the petitioner.

(3.) It appears that by order dated 6th of September, 1982, Annexure-9, the Additional Collector, land Reforms, after a careful consideration of all aspects of the matter found the land holder entitled to two units of land, and it was again held that one of the sons of the petitioner was a major on the relevant date and was entitled to one unit apart from the petitioner. The transfer made by the petitioner in favour of his wife relating to 15.73 acres of land was nullified and the said lands were clubbed with the holding of the petitioner, as was done in the earlier proceeding which was disposed of by Annexure-5. Thereafter an area of two acres and odd was declared surplus. In sum and substance, the earlier order passed by the Additional Collector, Annexure-5, was re-affirmed by the Additional Collector' order dated 6-9-1982 Annexure-9, after the proceeding was reopened pursuant to the incorporation of S. 45B of the Act. The case of the petitioner is that he is the Mukhiya of the village. As would be apparent from Annexure-11 date 30th December, 1982, various Mukhiyas and the Surpanches of the villages as also several citizens made a complaint against the conduct of the Anchal Adhikari to the higher authorities. According to the petitioner this infuriated the Anchal Adhikari who issued the impugned notice, Annexure-10, dated 27-5-1983 in which it was stated that on consideration of the extents of lands held by the petitioner and his family members, and having regard to their classification, it was apparent that the total lands held by the petitioner were beyond the ceiling area. The petitioner was, therefore, directed to appear before the Anchal Adhikari with all relevant papers failing which the matter was to be referred to higher authorities for appropriate action. Counsel for the petitioner submitted that the Anchal Adhikari is not a Collector under the Act, and it is not understood how he could issue the aforesaid notice to the petitioner. Counsel for the State fairly submits that the Anchal Adhikari has no such jurisdiction. It appears from the ordersheet of the Additional Collector dated 14-6-1983 that on the basis of the report of the Anchal Adhikari stating that various facts have been discovered, it had become necessary to re-examine the matter. In the light of the said report, he recalled the order earlier passed by him on 6-9-1982 and also stayed the final publication which was earlier ordered. By order dated 30th June, 1983, he directed the issuance of a notice under S. 10 of the Act. The said notice has been issued which is Annexure-13, dated 30th June, 1983, whereby the petitioner has been informed that a report had been received from the Anchal Adhikari in which it has been stated that information had been received in regard to several matters and, therefore, it is necessary to re-examine the matter under S. 5(1)(iii) of the Act. The petitioner was, therefore, directed to appear before the Additional Collector, Land Reforms on 8-7-1983.