RAM RATAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these applications under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashing of the order of the Member, Board of Revenue, dated 24.10.1990, as also the order of the Collector, Begusarai, dated 28.6.1989, affirming the order of the Sub -divisional Officer, Begusarai, dated 28.12.1985 in Ceiling case no. 40 of 1973 -74. Since all the above mentioned cases were heard together, therefore, they are being disposed of by a common judgment.

(2.) INITIALLY , the land ceiling proceeding was started against Upendra Narain Singh son of late Gonu Singh in the year 1973. Ultimately, after observing necessary formalities, the landholder was allowed to retain 2 units and 256.16 acres of land were declared surplus. The landholder having lost before the Collector, and the Member, Board of Revenue, filed CWJC 2707 of 1976 which was disposed of on 22.3.1977 with a direction to the Sub -divisional Officer for hearing and re -determination of the issues relating to grant of unit to the married sisters of the landholder as also the objection with regard to the classification of the land. Four other writ petitions bearing CWJC no. 1636. of 1977 and its analogous cases were also filed on behalf of different raiyats alleging that their lands were wrongly included in the ceiling case which was started against Upendra Narain Singh. The above mentioned cases were allowed by another judgment dated 12.7.1979 with a direction to the Additional Collector to hear and dispose of the appeal of the petitioners in accordance with law. The Court also indicated the manner in which the authorities were required to examine various aspects including, the claim of the raiyats regarding benami settlement/purchases in the name of the landholder.

(3.) BUT before the matter could be disposed of in terms of the direction of this Court, the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (In short" the Act") (Amendment Ordinance, 1981) (Bihar Ordinance No. 66 of 1981), which was later on repealed and replaced by Bihar Act No. 55 of 1982 came into force and in terms of Sections 32A and 32B, as inserted thereby, the proceeding in question abated to the stage of Section 10 of the aforementioned Act. Thereafter, a fresh draft statement was published under section 10(2) of the Act in the official gazette. Objections were filed by the landholder and other raiyats whose lands were included in the above mentioned cases. Ultimately, the SDO by his order dated 28.12.1985 rejected the objections allotting only 2 units to the landholder. Though different appeals and revisions were filed but no further relief was granted.