INDRA KALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition was originally filed by Shri Balram Mishra (first petitioner since deceased,' now substituted by heirs); Smt. Indra Kala Devi second petitioner Sharad Chandra Mishra third petitioner, Ashok Kumar Mishra -fourth petitioner and Arun Kumar Mishra -fifth petitioner. They challenged all the orders dated 31st of March, 1984, 17th of November. 1986 and 10th of September, 1987, whereby and where under the revisional authority declared certain lands of land holder Late Janardhan Mishra as suplus and such order was affirmed by the appellate and revisional authorities.

(2.) AS the case can be disposed of on short point, as agreed by the parties, it is not necessary to discuss all facts and claims of the parties, except the relevant one.

(3.) THE petitioners have specifically pleaded that 24.86 acres of lands were gifted to second petitioner Smt. Indrakala Devi, the daughter of the original land holder, during her marriage in the year 1940. In this respect a title suit No. 25/70 was filed, wherein judgment and decree was passed by Learned Munsif, Araria on 4th April 1970, much prior to the initiation of Ceiling proceeding. Learned Munsif held that the 24.86 Acres land in question is the land of second petitioner Smt. Indrakala Devi. The records of right was also prepared accordingly and her name was mutated in respect of land in question as she was found to be in possession of the same. It has further been stated that certain lands were sold by deceased petitioner Balram Mishra in favour of 3rd, 4th and 5th petitioners on 24th of August, 1971 by three separate sale deeds, whereby 15.74 acres of lands were transferred in their favour. It stated that such land has been declared surplus without any inquiry and without any notice under section 5(i) (ii) of the Ceiling Act.