RANDHIR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India in which a prayer has been made for the issuance of a writ of certiorari quashing Annexures '4' '5' and '6' of the writ petition. Annexuie -4 is an order dated 31.8.1982/14.10.1982 passed by the Additional Sub -divisional Officer, Purnea in Land Ceiling Case No. 1170/ -73 -74. Annexure -5 is an order dated 27.2.1984 passed by the Additional Collector Land Reforms, Purnea dismissing the appeal of the petitioner, Annexure -6 is an order dated 12.3.1985 by the Additional Member, Board of Revenue by which his revision petition was dismissed.

(2.) According to the petitioner, Shri Ambika Prasad Choudhary, his father died in the year 1960 leaving behind his two widows, namely, Sobha Devi and Chandrakala Devi. He had two daughters, namely, Nirmala Devi and Sanjukta Devi from Ram Sobha Devi and two sons Randhir Choudhary (petitioner) and Prem Kumar Choudhary and three daughters Kiran, Hira and Nutan from Chandrakala Devi. A case under the Land Ceiling Act was started against the petitioner some times in the year 1973 when he was noticed under Section 8(1) of the Ceiling Act. A draft publication was made, objections were invited and the petitioner filed an objection under Section 10(3) of the said Act. According to the draft publication, the family of the petitioner held 209.99 acres of land, out of which the petitioner was allowed to retain 61.35 acres and the rest 148.64 acres of lands were declared surplus. He was allowed two units, one unit for Ram Sobha Devi, her daughters Nirmala Davi, Sanjukta Devi and other for Chandrakala Devi and her sons Randhir Choudtory, Prem Kumar and daughter Kiran. According to the petitioner, Nirmala Devi and Sanjukta Devi, the two married daughters of Ambika Prasad Choudhary through Ram Sobha Devi were also entitled to separate units and Kiran, daughter of Chandrakala Devi as also Hira one unit each as on 9.9.1970 they have attained majority. However, the Additional Sub -divisional Officer, who decides their objections vide order dated 31.8.1982 allowed four units one wait to the petitioner, one unit to his brother Prem Kumar and one unit each to Ram Sobha Devi and Chandrakala Devi. So far Nirmala Devi and Sanjukta Devi, the two married daughters from Ram Sobha Devi were concerned, it was found that although they had become majors on 9.9.1970 but since there had been a notional partition in the family the Additional Sub -divisional Officer gave them 1/20th share m the property of late Ambika Prasad Choudhary. In other words, they were each given 101/2 acres of land. No separate unit was allowed to them. Kiran, Hira and Nutan, the three daughters of Chandrakala Davi were found to be minors and, therefore, not entitled to any separate unit. Since no objection has been raised as regards classification at the time of hearing before the learned Additional Subordinate Officer, he did not pass any order on the same. Ultimately, the petitioner was found entitled to possess 121 acres of Class III land. 73.59 acres of land was found surplus out of which 13.71 acres had already been acquired.

(3.) As staled above, this order was maintained in appeal and revision by respondents Additional Collector and Additional Member, Board of Revenue.