JAI MANGAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 5 cases namely, Nos. 68, 83, 84, 85 and 86 of the year 1988 are heard together and is being disposed of by common order. The learned counsels appearing for both the sides were heard. Mr. Indu Shekhar Singh appeared on behalf of the petitioner and Mr. T.N. Jha led the arguments on behalf of the State.

(2.) This case has long history. The petitioners had come to the Board of Revenue and also gone to the Hon'ble High Court. Finally on remand the Addl. Collector, West Champaran passed the final order dated 26 -11 -84 in detail. The petitioners were allowed two units and 150 acres of land was Declared surplus. The petitioners went to the Collector, West Champaran in appeal. He passed final orders in revenue appeal No. 193/84 -85 by a common order and dismissed the same upholding the orders of the Addl. Collector.

(3.) Both the counsel for petitioner and State have submitted notes of argument. The most important point being raised by petitioners before this court is that after abatement under Section 32 -A, the proceeding according to law should begin from the stage of Section 10 and not from the stage of Section 10(ii). The petitioners have contended that if it begins from the stage of Section 10 as laid down in Section 32 -A and B the Collector will have to check the information quoted under Section 6, 8, 9 or information obtained by Collector under Section 7 in the prescribed manner and shall call upon Anchal Adhikari/Circle officer to make a verification and to send report.