MRITUNJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications involve common question of fact and law and they are being disposed of by this common order.

(2.) In C.W.J.C. No. 6553 of 1992, there are two petitioners, namely Mritunjay Sharma and Chitaranjan Rai. The facts of this case are that petitioner No. 1 had purchased 2 bighas 19 kathas and 17.5 dhurs of land from the four sons of Nokha Lal Jha by registered sale -deed dated 30 -4 -1973 (Annexure -4). By another registered sale -deed dated 6 -3 -1975, he purchased 1 bigha of land from Lakshmeshwar Jha (Annexure -4/1). Petitioner No. 2 had purchased one bigha of land from Bishwanath Jha on 1 -6 -1960 (Annexure -2). There are two registered sale -deeds dated 28 -5 -1962 whereby they purchased 2 bighas of land vide Annexures -2/1 and 2/2. These lands were purchased from Bishwanath Jha, Rupeshwar Jha and Jageshwar Jha. Both the petitioners got their names mutated in Register II. The name of petitioner No. 1 was mutated in 1974 -75 while the name of the petitioner No. 2 was mutated in 1963 -64.

(3.) In 1983 Land Ceiling Case No. 3 of 1982/83 was commenced against Sudina Devi and Dhanmaya Devi wife of late Jageshwar Jha. There is no dispute that the vendor of the petitioner belonged to the family of Jageshwar Jha. Proceeding was initiated with respect to 53.83 acres of land. In the said proceeding, Karmchari of Parbata Circle submitted details of land held by the land -holder Jageshwar Jha. In the said details of land total 9 acres and 38 decimals of land out of 10 acres 45 decimals of land originally purchase by the family of Bhawani Jha by sale -deed contained in Annexure -1 was shown in the name of Jageshwar Jha. On the basis of the details submitted by the Karamchari, as contained in Annexure -6 of the writ application, orders were passed by the Additional Collector, Khagaria, whereby 51.34 Acres of land including the land of the petitioners was declared surplus which was shown as the land of Smt. Sudina Devi and others. By order dated 17 -4 -1991 passed in the said land ceiling case final publication of the surplus land was ordered to the made under Section 11(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.