KUNTI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application the petitioners have challenged the validity of the order passed by the Additional Collector contained in Annexure-5 dated 6.10.1982. The said order was passed by the Additional Collector under Section 10(2) of the Act. In other words, a fresh proceeding under Section 10(2) of the Act was started and by the said impugned order it was held that the earlier proceeding stood abated and the petitioner's family was entitled to only one unit. By the impugned order they were found to be holding 147,04 Acres of land as surplus whereas they were entitled to only 18 Acres of class II land.

(2.) The petitioners family was a joint family possessing 165.04 Acres of class II lands in several villages in the district of East Champaran. In a proceeding under Section 10(2) of the Bihar Act XII of 1962 the Additional Collector served a notice in form L. C. 6 in the year 1975 allowing them three units in terms of class II lands declaring 111.04 Acres as surplus lands. An objection was filed and it was contended that there was no surplus land belonging to the family of the land holders and, therefore, the proceeding should be dropped. A report from the Anchal Adhikari was obtained and the objection was disposed of by the Additional Collector granting partial relief. The first petitioner thereafter preferred an appeal, which was disposed of by the Collector in the year 1979 and the case was remanded back to the Additional Collector for fresh disposal in accordance with law. On remand of the case, the petitioner No. 1 then filed a written statement before the Additional Collector claiming 8 units and it was contended that since the land was within the ceiling limits, the proceeding was fit to be dropped. Considering every matter on record the respondent No. 2 the Additional Collector, Land Reforms (Ceiling) by his order passed in April, 1981 held that the land-holders were entitled to 6 units and the land belonging to the family of the land-holders were within the ceiling limit, and, thus, the proceeding was concluded in their favour. Accordingly, on the finding that there was no surplus land, no proceeding under Section 11 of the Act was necessary and the matter stood concluded on 18.4.1981 itself.

(3.) Meanwhile, the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act 1982 (Bihar Act No. 55 of 1982), came into force and substantial amendments were made in the defining Sections 2 and 4. The computing Section 5 was all together substituted, and similarly Section 9, which gave an option to the family to select its ceiling area, was also substituted. In the material Section 10 sub-clauses (C-1) (C-2) and (C-3) were inserted in clause (C) of sub-section 1 thereof. Changes were brought in the succeeding Section 11 as well. Apart from material amendments in the other provisions, Section 32-A and 32-B were inserted in the statute.