BISHWADEVA Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the order dated 16.9.90 passed by the Collector, Begusarai in Misc. Ceiling Case no. 30/1983 by which in exercise of power under section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) he has passed an order for re -opening. as well as cancellation of earlier orders passed in Ceiling Cases no. 16/1970 and 30/1983. A copy of the said order has been annexed as Annexure -1 to the writ application.

(2.) A land ceiling proceeding 4/1973 -74 was initiated against Chandramauli Deva father of the petitioner. According to the draft statement the total land possessed by him was 363.645 acres. The father of the petitioner filed an objection under section 10(3) of the Act claiming that his family was entitled to 5 units of land and he also stated therein that 121.64 acres of land of different classes may be allowed to be retained by his family. The details of those were also stated in the objection petition a copy of which has been annexed as Ahnexure -2 to the writ application. The matter was heard and finally disposed of by the ceiling Authority on 13.9.97 wherein five units were allowed to the family and the area of the land measuring 72.23 acres were allowed to be retained by him and the remaining lands were declared as surplus, a copy of which has been annexed as Annexure 3 to the writ application. Thereafter, a final publication under section 11 of the Act was made and it appears that at the time of final publication the land of plot no. 1001 measuring 1 acre and the land of plot no. 2002 measuring 0615. decimals which were allowed to be retained by the petitioner while disposing of the objection petition were declared as surplus land. The said plots were distributed to the landless persons. The land of plot no. 2001. which was allowed to be retained by the petitioner while disposing of the objection was also wrongly distributed to the landless persons though the same was not declared as surplus land.

(3.) AFTER the death of the father of the petitioner when the petitioner came to know that the lands which were allowed to be retained, were wrongly distributed showing the same as surplus land filed an application under section 37 of the Act which was registered as Misc. Case no. 16/1980 before the Collector of the district praying therein that the possession of the aforesaid plots may be given to him which were allowed to be retained by his family. Thereafter, the matter was considered by the Collector who having found substance in the prayer of the petitioner ordered an enquiry and to take steps for release of the aforesaid plots from the category of the surplus land in case assertion of the petitioner was found to be correct. A copy of the said order has been annexed as Annexure -4 to the writ application. Thereafter, the Addl. Collector enquired into the matter and found that plot nos. 1001, 2001 and 2005 were allowed to be retained by the petitioner and necessary correction be made in the relevant records and in its place plot nos. 1626. to 1629 may be acquired. Accordingly, he sent enquiry report to the Collector for approval on 2.12.81, a copy of which has been annexed as Annexure -5 to the writ application. Thereafter, agreeing with the enquiry report a necessary correction was made by issuing a gazette notification by which these plots being 1001 measuring 1 acres and 2005 measuring 0615 decimals were released as surplus land and in its place plot nos. 1626 to 1628. were notified as surplus land, a copy of which has been annexed as Annexure -6 to the writ application. Thereafter, the petitioner requested the authority to give possession of the aforesaid three plots which were, in the meantime, distributed under section 27 of the Act and a direction was issued by the Collector for giving possession of the aforesaid land and in pursuance of which the possession was given to the petitioner of the land of the aforesaid three plots. The order of the Collector for giving the delivery of possession of the aforesaid land and the document showing delivery of possession of the aforesaid three plots have been annexed as Annexures 7 & 9 to the writ application. Thereafter, it appears that the matter with regard to tile release of the land of the petitioner and dispossession of the settlee was raised in the meeting held in the office of the Commissioner and the Commissioner by letter dated 8.6.90 asked the Collector to look into the matter and thereafter the Collector by the impugned order has under section 45B ordered for reopening the ceiling proceeding for the purpose of correction of the earlier two orders by which the aforesaid lands were released.