MOHAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners, who are twelve in number, have filed the present application for issuance of writ of certiorari for quashing the order dated 12.10.94 passed under section 10(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) by the Addl. Collector (Ceiling), Katihar in Case no. 106/1973 -74 disposing of the objections filed to the draft statement published under section 10(1) of the Act, the order dated 31.1.89 passed by the appellate authority (the Collector, Katihar) in Ceiling Appl. No. 433/1985 -86 dismissing the appeal against the aforesaid order and the resolution dated 3.10.89 passed by the Addl. Member, Board of Revenue in Revenue case no. 111/89 dismissing the revision against the aforesaid appellate order. Copies of the said orders have been annexed as Annexures 1, 2 & 3 respectively.

(2.) THE facts necessary for disposal of the present application are that Awad -heshwari Pd. Chaudhary (deceased), the father of the petitioners, owned large areas of agriculture land in village Binod -pur, police station Korha, district Katihar. He died in the year, 1967 leaving behind his widow Rohini Devi, who died in 1987, and nine sons and three daughters, who are petitioners before this court. Land Ceiling Case No. 106/1973 -74 was initiated against the petitioner Mohan Chaudhary and others and a draft statement under section 10(1) of the Act was issued and 760.67 acres of land was shown held by the family. Out of which 592.25 was shown as Class III land, 190.37 was shown as Class IV land and 57.12 was shown as Class V lands. An objection petition under section 10(3) was filed on behalf of the land holders. It was stated therein that total land possessed by the family is 402.73 acres and the family is entitled to 13 units, one unit for the widow of Awadheshwari Prasad Chaudhary and remaining for his children. The said objection was disposed of by the order dated 28.8.76 by the Addl. Collector and the assertion made on behalf of the petitioner that the total land was only 402.73 acres was accepted and eight units were allowed. One unit for the widow and the remaining for the petitioner nos. 1 to 7. The said order was challenged before the Collector, Katihar in Appl. no. 240/1976 -77. While the appeal was pending the Act was amended by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982(Bihar Act 55/1982). Apart from the other material amendment in the Act sections 32A & 32B of the Act were also inserted in the statute, which provided for abatement of the pending appeal, revision, review or reference arising out of the surplus land proceeding in which no final publication under section 11(1) of the Act has been made and the Collector shall proceed with the case afresh in accordance with the amended law.

(3.) AFTER remand order a draft statement under section 10(1) of the Act was issued on 1.11.83, according to which the total land shown in possession of the land holder petitioners was 760.67 acres and six units were allowed and the remaining lands were declared as surplus land. The petitioners filed an objection on 13.2.84 wherein they claimed 13 units, one for their mother and the remaining for them. They also claimed in the objection petition that 192.93 acres of land have been disposed of by the land holder out of which 127.48 acres were sold prior to 22.10.59 that is prior to coming into force of the aforesaid Act and as such the same could not be treated as land of the land holder. 64.90 acres of land were transferred by the registered sale deed between 22.10.59 to 3.9.92 and as such the said lands cannot be treated as land of the land holder unless in an enquiry under section 5(1) (iii) of the Act is held and the transfers are annuled on the ground that such transfers were made with object of defeating or in contravention of the provision of the Act or for retaining Benami and Farzi land in excess of the ceiling area. 81.29 acres of land were already surrendered in 1976 and the same should have also been excluded from the draft statement. 94.36 acres of lands which belong to their agnate Deveshwari Prasad Chaudhary have been wrongly shown as their land and the said land should also be excluded from the ceiling proceeding. The classification of the land was also not according to law. All the lands are of Class VI category but they have been wrongly classified as Class III & Class IV category. Petitioner Binod Mohan Choudhary was wrongly shown as a minor on the appointed date. He was major on that date.