JUGAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE writ petitioners are aggrieved by the order dated 11.4.1994 passed by the S.D.O. -cum -Collector, Latehar (respondent No. 5) wherein while referring to the provisions of Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to wherever necessary as the said Act), he observed that 119.93 1/24 acres of land, which was found to be in excess, should be acquired and accordingly directed the records to be sent down to the office of the Deputy Commissioner, Palamau for doing needful. According to the petitioners, the entire proceedings starting from 28.4.1981 are wholly without jurisdiction and consequently they also pray that the said proceedings starting from that day and ending on 11.4.1994 (i.e. Annexure 3) be quashed.

(3.) THE grievance of the learned counsel for the petitioners therefore is that neither any appeal nor revision having been filed by the State against the order dated 5.8.1977, the same became final and all of a sudden in the year 1981, the proceedings could not have been re -opened. The learned counsel for the petitioner has relied upon Annexure 3 and submits that the order dated 28.4.1981, (i.e. the order by which the proceedings were re -opened) suffers from a complete non -application of mind.