STATE OF JHARKHAND Vs. SHEIKH MANIR

JUDGEMENT

(1.) This L.P.A. Challenges the final order dated 31.10.2002 passed by a learned Single Judge of this Court in C.W.J.C. No. 2214 of 1994 (R) by which the writ petition was allowed.

(2.) The facts relevant for the decision are that certain land was transferred to the respondent No. 1 herein out of a large holding by the respondent No. 4 of the writ petition by a registered deed dated 26.05.1973.

(3.) Although, it has been held by the learned Single Judge that this transfer took place before the commencement of the proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, but it appears from facts brought on record by the counter affidavit in the writ petition that the ceiling proceedings began in the year 1970, when the said respondent No. 4 of the writ petition was called upon to file his return in respect of his holding. In fact the counter affidavit states that the land holder (respondent No. 4) appeared before the authority in response to the notice in 1972 itself and sought time.