HIRA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for Petitioner and learned Counsel for Respondents.

(2.) By this LPA the Appellant has challenged the judgment passed by the learned single Judge of this Court in WP (C) No. 2947 of 2003 dated 14.12.2009 wherein the writ application was dismissed with a finding that the finding arrived at by the D.C. Land Reform and subsequently affirmed by the Member Board of Revenue requires no interference.

(3.) It is submitted by learned Counsel for the Appellant that the DC Land Reform wrongly came to a finding that Sona Devi was the co-sharer and hence she had a claim under Section 16(3) of the Bihar Land Reform (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. He has further argued that since the Appellant is always a contiguous raiyat and hence between two raiyats. DC Land Reform wrongly gave a finding that Sona Devi was the closure raiyat and as such finding is bad. He has relied on the same judgment of the Patna High Court with regard to the fact that between two raiyats there cannot be a finding as to who is closure.