BHAGWAT CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel appearing on behalf of the State.

(2.) THE writ petitioners seek quashing of Annexure -!l, which is the Notification dated 23.12.1988 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 Act ') with respect to the land holder, namely, Tek Narayan Choudhary. It is submitted on behalf of the petitioners that earlier in the land ceiling proceedings the petitioners were granted 4 and 1/10 units and were allowed to retain the entire land belonging to them measuring 150.05 acres, as would be evident from Annexure -1. Since no surplus land was found, therefore, the proceedings were dropped in the year 1979. As claimed by the petitioners, 91.69 acres of their land have been shown to be surplus in Annexure - II, which is a subsequent notification under Section 15(1) of the Act with respect to other land holder, namely, Tek Narayan Choudhary. Aforesaid Tek Narayan Choudhary challenged the same in CWJC No. 6394/1993 and by order dated 6.2.1995, as contained in Annexure -lll, this Court directed the authorities to allow the petitioners of that case to exercise their option and issue a notification again under Section 15 (1) of the Act after aforesaid modification. Prior to that, the aforesaid petitioners had moved before the Board of Revenue by filing Revision Case No. 26/1989 and the petitioner herein also intervened into the matter. However, the aforesaid revision case was dismissed for non - prosecution whereas the invervenor -petitioners were directed to file proper application before the authorities raising their claim.

(3.) PETITIONER No. 1 then filed an application under Section 45 -B of the Act for reopening of the case before the Collector, Supaul, which was numbered as Ceiling Case No. 36/93. However, the same was consigned for the reason that subsequently, the relevant provision authorising the Collector to hear and dispose of the matter under Section 45B of the Act was taken away on amendment of the Act. The petitioners thereafter moved before the Respondent No. 2 by filing a petition under Section 45B of the Act once again which was numbered as Revenue Misc. No. 2/95/ 96 wherein the records were called for. However, subsequently the petitioners stopped appearing in the case resulting in its dismissal. It could also not be stated by the learned counsel for the petitioners as to what happened after quashing of Annexure - II by order of this Court as contained in Annexure -III directing the authorities to allow the petitioners to exercise option and then again to issue a final notification under Section 15(1) of the Act in the light of the exercise of such option.