BISHESHWAR PD YADAV Vs. STATE

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order of the Collector, Saharsa dated 22.8.90 in Misc. case no. 12/90 -91 under Section 9(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the ˜Act') whereby and where under prayer of the petitioner for release of the land purchased by him from the land holder was rejected.

(2.) THE petitioner had purchased 2 bighas 9 dhurs of land through registered sale deed from respondent no. 10. Thereafter his name was recorded in the revenue records and jamabandi was created. The grievance is that in the ceiling case which was started against respondent no. 10 (vendor), the lands purchased by this petitioner was included and declared surplus. The petitioner, therefore, made an application under Section 9(2) of the Act before the Collector for necessary order to release such land.

(3.) IT appears the petitioner had previously moved this court and filed two writ petitions bearing CWJC no. 5310/83 and thereafter CWJC no. 2692/89. Both the writ petitions were disposed of by order dated 23.1.84 and 14.9.89 respectively, with observation that the petitioner's claim shall be examined by the authorities.