CHATURBHUJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition is directed against the resolution dated 21.3.91 passed by the Member Board of Revenue in Revision Case no. 77/1990 dismissing the revision application against the order dated 8.8.90 passed by the Collector, Vaishali at Hajipur in Case no. 6/1985 -86 by which he has rejected the claim of the petitioners under sections 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act).

(2.) THE facts necessary for disposal of the present writ application are that a Land Ceiling Case -no. 3/1980 -81 was initiated against Sahdeo Singh respondent no.4, who is now dead and has been substituted by his legal representatives and three units were allotted to him. One unit for himself, another for his son and third unit for the petitioner no.3 Kedar Singh and the remaining lands were declared as surplus. The final publication was made under section 11 of the Act on 16.3.82 and a gazette notification under section 15 was also made in the district gazette on 17.6.85. When the petitioners came to know that their lands have been declared as surplus then they filed a writ application in this court being C.W.J.C. No. 346/1986 and this court by order dated 2.11.86 directed the petitioners to approach the Collector under Section 45B of the Act for re -opening of the case and then till the matter' is decided this court directed not to dispossess the petitioners from the lands. Thereafter, the petitioner filed an application under Section 45B of the Act before the Collector, Vaishali and the. Collector called for a report from the Anchal Adhikari, Alauli as well as Anchal Adhikari, Raghopur where the lands are situate. Anchal Adhikari, Raghopur submitted his report on 31.3.90 and Anchal Adhikari, Alauli submitted his report on 6.4.90. Copies of the said reports have been annexed as Annexures -1 and 2 respectively. The Collector after considering the matter rejected the application under section 45B and thereafter, the petitioner went in revision before the Board of Revenue which has been rejected. Copies of the said orders have been annexed as Annexures 3 & 4 respectively.

(3.) THE lands involved in the proceedings are situate in two villages, namely, village Jahangirpur within Raghopur police station in the district of Vaishali and village Chhilkauri within Alauli police station in the district of Khagaria. As stated above, a proceeding no. 3/1980 -81 was initiated only against Sahdeo Singh and after giving three units remaining units were declared as surplus and thereafter the petitioners came to this court and in pursuance of the direction of this court they appeared before the Collector where his claim, as stated above, has been rejected.