AMARNATH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a land holder. In the year 1973 -74 a proceeding under the provisions of Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Lands Act, 1961 (Ceiling Case No. 71/73 -74) was commenced against Late Hari Mohan Choudhary, father of the petitioner. Thereafter a draft notification under section 10(2) of the Act, showing total area of 434.85 acres of different categories, which on conversion to Class IV, held to be 450.04 acres, was served upon Hari Mohan Choudhary. He was allotted 46.47 acres of land under section 5 of the Ceiling Act and the rest land was treated to be surplus. Hari Mohan Choudhary filed objection under section 10(3) of the Act.

(2.) AFTER the death of Hari Mohan Choudhary on 14.6.1982, a fresh draft under section 10(2) of the Act was served upon the petitioner and the petitioner filed objection under section 10(3) of the Act. According to the draft notification served upon the petitioner, total area of 676.94 acres of land of different classification has been shown as belonging to the objector which after being converted into Class -III lands have been held to be 676.04 acres and out of the same, only an area of 30 acres of land of different classification have been allowed to be held by the objector under section 5 of the Act apart from Hari Mohan Choudhary, his heirs mentioned in para -12 of the writ application.

(3.) IT appears that the objection filed by the petitioner was disposed of on hearing the affected persons. The objection was disposed of by order dated 29.1.1988 (Annexure -1). Thereafter draft notification under section 11 (1) of the Act was published in the Bihar District Gazette No. 64/69. The proceeding before the Land Ceiling Authority started in 1973 which concluded in 1989. Suddenly, the petitioner received notice on 13.1.1991 (Annexure -4) of the Additional Collector directing the petitioner to appear. This notice was under section 45B of the Land Ceiling Act which provision empowers the State Government or the Collector of the District at any time call for and examine any record of any proceeding disposed of by the Collector under the Act and the Collector may direct that the case be reopened and disposed of afresh in accordance with the provisions of the Act. The provisions of section 45B are special provisions conferring wide powers on the State Government and the Collector.