DEOSAGAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these four writ petitions are being disposed of by one order as the points involved in all the cases are the same.

(2.) All the writ petitions arise out of land ceiling cases under the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). Ramjas Singh and Laxmi Singh are two brothers. Ramjas Singh had sold some lands to Deosagar Singh, Ramsagar Singh and Mahendra Singh, who are petitioners in C.W.J.C. No. 1064 of 1977, through a registered sale-deed dated 29th July, 1972. He also sold some lands to Bijay Kumar Singh the petitioner in C.W.J.C. No. 1065 of 1977 through a registered sale-deed dated 18th Jan. 1973. A ceiling case was started against Ramjas Singh; its number being Ceiling Case No. 155 of 1973-74. In the draft statement that was prepared, and published under Section 10 (2) of the Act, the lands covered by the above two sale-deeds were included in the lands of Ramjas Singh. Objections under Section 10 (3) of the Act were filed by the vendees, which were dismissed by the Additional Sub-Divisional Officer, Garhwa by his order dated 20th July. 1976 contained in Annexure 1 to C.W.J.C. Nos. 1064 and 1065 of 1977. An appeal was preferred being appeal case No. XV/122 of 1977 by Deosagar Singh and his co-vendees (petitioners in C.W.J.C. No. 1064 of 1977) and another appeal being appeal case No. XV/120 of 1977 was also preferred by Bijay Kumar Singh (petitioner in C.W.J.C. No. 1065 of 1977), Annexure 2 is the order dated 23-8-1976 dismissing the appeals at the time of admission itself. This order was passed in one case and the same was made applicable in the other cases also. A revision before the Board of Revenue was filed by Bijay Kumar Singh; being Board Case No. 1617 of 1976 and another by Deosagar Singh being Board Case No. 1619 of 1976 and both the revisions were dismissed on 29-1-1977 by a common order (Annexure 3 to writ petitions Nos. 1764 and 1766 of 1977).

(3.) Like Ramjas Singh, his brother Laxmi Singh also transferred some lands to Bigan Singh (petitioner in C.W.J.C. No. 1070 of 1977) through a registered sale-deed on 21-11-1972) and to Ashok Kumar Singh (petitioner in C.W.J.C. No. 1066 of 1977) through another registered sale deed on 7-9-1973. A ceiling case No. 152 of 1973-74 was, however, started against Laxmi Singh alone in which all the lands transferred in favour of Ashok Kumar Singh and Bigan Singh were also included. After the draft publication, objections were filed by the vendees. Both the objections were rejected by the Additional Sub-Divisional Officer, Garhwa (vide Annexure 1). Ashok Kumar Singh then filed land ceiling appeal No. 121 of 1976-77 whereas Bigan Singh preferred land ceiling appeal No. 119 of 1976-77. Both the appeals were heard together and dismissed at the time of admission itself by the order contained in Annexure 2. Ashok Kumar Singh preferred Board Case No. 1618 of 1976 and Bigan Singh preferred Board Case No. 1616 of 1976, before the Board of Revenue. Both these revisions were also dismissed by the order as contained in Annexure 3. 3-A. It may be repeated that Annexure 2 which is the order of the Additional Collector and Annexure 3 which is the order of the Additional Member, Board of Revenue, cover all the four cases. Being aggrieved by the order of the Additional Member, Board of Revenue these writ petitions have been filed.