SANGITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order of the Member, Board of Revenue, contained in Annexure-3, as also "1" the order of the Collector, Rohtas, contained in Annexure-2, and that of the Additional Collector, passed under Section 11(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, in short The Act', in Ceiling Case No. 559 of 1974-75, whereby 256.73 Acres of land were declared surplus.

(2.) Before averting to the questions involved in this case, it would be apt to have a brief survey of some of the facts. Initially in the draft statement total 525.54 Acres of land were shown in possession of the land-holder. Subsequently as per the report of the Anchal Adhikari, 172.28 Acres of land were excluded from the ceiling proceeding, as they belonged to the Forest Department. The Additional Collector considering the objection of the land-holder under Section 10(2) of the Act, excluded 74.86 Acres of land from the ceiling proceeding as such lands were already acquired by different persons prior to 22.10.1959. Similarly, 20.86 Acres of land were also excluded from the proceeding as they were transferred through sale-deeds before 9.9.1970, the appointed day. Thereafter, the draft statement was placed for final publication under Section 11(i) of the Act, allotting 6 units to the land-holder.

(3.) As no consideration was made with regard to the grievance of the petitioners regarding classification of land and allotment of share to Ram Sawari Devi, the matter was brought to this Court, in a writ jurisdiction at the instance of the land-holder and ultimately the order of the Additional Collector was set aside with a direction that grievance of the landholders be considered afresh. In the meantime, in view of amendment of the Act vide Act 55 of 1982, the ceiling proceeding abated and brought to the stage of Section 10 of the Act.