NASIMUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the orders of the learned Collector, Jehanabad whereby he reopened the ceiling case under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Act').

(2.) It appears the Ceiling Case No. 213/73-74/3/73-74 Petitioner. Total 52.26 acres of unirrigated land were shown in possession of the Petitioner. The D.C.L.R., Jehanabad having noticed that the land holder besides three minor sons and two daughters had also his mother alive, therefore he would be entitled for 60 acres of class-IV lands. Accordingly, after alloting two units the ceiling proceeding was dropped on 7.2.76 vide order contained in Annexure-2.

(3.) It appears from the impugned order that at the request of the State earlier on 8.2.89, the proceeding was again reopened under Section 45(B) of the Act. But since such an order was without notice and hearing to the land holder, the High Court set aside the order with a direction to the authorities to consider the matter afresh, after giving opportunity to the land holders. The impugned order was passed thereafter.