SHEIKH MANIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ petition the petitioner has prayed for quashing that part of the Gazette Notification dated 16.4.88 purported to have been issued under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 whereby portion of land of Plot No. 485 of village Medho, P.S. Senha, District Lohardaga has been declared as surplus land in the name of respondent no. 4 the land holder in Ceiling Case no. REV 41/ 405/73 -74.

(2.) PETITIONER 's case is that he purchased the aforementioned land from the land holder by virtue of registered deed dated 26.5.1973 for valuable consideration and after the said purchase the land was mutated in the name of the petitioner and rent receipts were granted by the State of Bihar. During recent survey the aforementioned land so purchased by the petitioner has been renumbered as Plot .Nos. 476 and 477 and has been duly recorded in the survey record in the name of the petitioner by final publication under section 83(2) of the Chhotanagpur Tenancy Act. Petitioner's further case is that inspite of the aforesaid fact, without giving any notice of the ceiling proceeding to the petitioner and without initiating any action, the land so purchased by the petitioner has been declared as surplus land of the land holder.

(3.) I have heard Mr. M.S. Anwar, learned senior counsel appearing for the petitioner and Mr. P. Modi, learned counsel appearing for the State. I have also called for record of the Ceiling Proceeding being case no. 41/405/73 -74.