GAHENDRA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order of the Collector, Shaharsa dated 25.1.1981 in Ceiling Case No. 34 of 1988-89 and Misc. Case No. 35 of 1988-89 so far it relates to the petitioners and further for a direction to the respondents to withdraw provisional Purchas, issued for distribution of their lands.

(2.) Before averting to the core contentions, raised on behalf of the parties, it would be apt to have a brief survey of some of the facts, which gave rise to the present writ application. Undisputedly the lands, which the petitioners are claiming, Jiwanmal Chiroriya against whom Ceiling Case No, 585 of 1973-74 was started, had no concern. This is also not in dispute that lands of the petitioners were wrongly included in the said ceiling case and declared surplus in spite of the objection raised on behalf of Mr. Chiroriya.

(3.) As the petitioners were neither party to the said ceiling case nor they had any notice, therefore, having learnt about publication under Section 15(1) of Bihar Land Reforms/(Fixation of Ceiling Area and Acquisition of Surplus Land) Act, in short 'the Act' they made applications before respondent authorities for exclusion of their lands from the ceiling case. But having failed to get any relief before the Collector, they filed C.W.J.C. No. 2152 of 1976 before this Court for a direction to the respondents to release their lands and also to restrain them from distribution of the same. The matter was placed before a Division Bench and by order dated 22.9.1976 it was directed that pending hearing of the application, there will be stay of distribution of the lands and delivery of possession thereof. Ultimately, having appreciated the claim of the petitioners over the land in question and irregularity committed by the authorities in declaring such lands to be surplus, allowed the writ application on 3rd February, 1977 with a direction to the Deputy Collector, Land Reforms to hold an enquiry and decide whether the petitioners are raiyats in respect of the lands claimed by them and thereafter, pass appropriate order in terms of the observations, made in the judgment.