RAMESHWAR PRASAD DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four petitioners who are the resident of Koitgawan, P.S. Kalyanpur, District -East Champaran have impugned the legality of notification under section 15(1) of the Land Ceiling Act (Annexure 2) so far it relates to 50 acres of land which belonged to the petitioners by virtue of a decree in a partition suit. In the impugned notification the disputed land has been shown as surplus land of one Hirdeya Narayan Dubey.

(2.) SHRI Kamal Nayan Choubey, learned counsel for the petitioners, has submitted that the notification which purports to acquire the surplus land of respondent no. 7 Hirdeya Narayan Dubey does not contain an inch land. The lands mentioned in notification measuring about 50 acres exclusively belongs to the petitioners and rest belongs to others who have no concern with respondent no. 7 Hirdeya Narayan Dubey. No notice was issued to the petitioners under land ceiling proceeding. No opportunity was given to the petitioners to satisfy the authority that the land in question was allotted to the petitioners in T.S. No. 42 of 1950. By the said suit ancestor of the petitioners and respondent no. 7 have got his own share i.e. 1/3rd share each.

(3.) CEILING proceeding was started against the ancestors of petitioner nos. 1 and 2 before the Land Reforms Deputy Collector, Motihari, which was finally disposed of with a finding that there was no surplus land in the family.