SHANTI DEVI Vs. STATE

JUDGEMENT

(1.) DUKHI Singh was a land holder having extensive land in village Sankarpur in the district of Purnea. He died in the year 1960 leaving behind three sons and two daughters. The petitioners are the daughters of late Dukhi Singh, respondent nos. 6 and 7 are sons of late Dukhi singh and respondent no.8 is the widow of Bijnath Singh, third son of late Dukhi Singh. The petitioners and other legal heirs inherited the property left behind Dukhi Singh.

(2.) IT appears that the land ceiling proceeding was commenced against respondent nos. 6, 7 and 8 with regard to the lands originally held by late Dukhi Singh. Respondent nos. 6, 7 and 8 appeared in the ceiling proceeding and filed objection stating therein that the lands left by late Dukhi Singh have been partitioned among his heirs including the petitioners and the petitioners were in possession of the land allotted to their share.

(3.) BY order dated 5.11.87 (Annexure 1) the D.C.L.R. (respondent no.4) passed the final order under section 10(2) of the Ceiling Act. The D.C.L.R., Araria in its order has rightly held that the petitioners had inherited equal share alongwith their brothers of the lands left by late Dukhi Singh. The D.C.L.R. further allowed the petitioners to hold 13.61 acres of land each and directed to exclude the petitioners' land from the ceiling proceeding pending against respondent nos. 6, 7 and 8. The D.C.L.R. further ordered that a separate proceeding under the Act be initiated against the petitioners. However, no proceeding was initiated against the petitioners. It appears that thereafter notification u/s 15 (1) of the Act was published (Annexure 2) whereby the lands allotted to the petitioners by the D.C.L.R. has been declared as surplus lands of respondent nos. 6 to 8.