BIBI AMRUNNISAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ applications at the instance of purchasers from the land -holders involve a common question of law and are being disposed of by this common order.

(2.) Admittedly the petitioners in each case had purchased land from the land -holders after 9 -9 -1970, Transfers were made by the land -holder in contravention of Section 5 (ii) of the Bihar Land Ceiling Act, 1961. It appears that the proceeding for determination of surplus land was initiated against the vendor of the petitioners without notice to the petitioners. It also appears that the land -holder did not disclose that he had transferred the land to any person. After conclusion of land ceiling proceeding, the Collector declared 47.50 acres land as surplus land of the land -holder and allowed him to retain 30 acres and odd. Gazette Notification under Section 15( 1) of the Act was published and the lands of the land -holders, namely, Chandra Madhav Prasad and Dina Nath Prasad were declared surplus.

(3.) The petitioners rushed to this Court and filed the present writ applications without approaching the Collector to re -open the proceeding.