JAILAL YADAV ALIAS GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case the petitioners have challenged the ORDER :s passed in Land Ceiling Case No. 21/7374 and the notification issued under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the 'Ceiling Act').

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

(3.) THE aforesaid land ceiling case was started against Jadunandan Gope alias Jedunandan Yadav. father of first petitioner. Jailal Yadav (alias Jailal Gope). In the said case notification under Section 10(2) of the Ceiling Act was issued and objection was called for. The Deputy Collector, Land Reforms finally passed ORDER :on 14th of March, 1988 and declared certain land surplus. Thereafter the final notification under Section 11 (1) and then notification under Section 15(1) of the Ceiling Act were issued. The petitioners who claimed to be the co -sharers of the original land -holder their grievance is that they were not heard nor any unit was allowed in their favour. According to them, they are raiyats and land -holders of their own raiyat and for that they were also entitled for separate notice and' units. It is further stated that the original land -holder, Jadunandan Gope against whom the ceiling proceeding started died in the year 1974 and without substitution of heirs the ORDER :s were passed and impugned notifications were issued.