CHANDRA SHEKHAR BHATTACHARJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Writ Petitioners challenge the order dated 14.8.1992 passed by the Deputy Commissioner, Dumka in Revenue Miscellaneous Appeal No. 21 of 1991 -1992. By that order, the Deputy Commissioner, being an Appellate Authority, reversed the order dated 22.3.1991 passed by the Sub -Divisional Officer, Jamtara in Land Ceiling Case No. 26/1985 cancelling the settlement of land in favour of certain persons as surplus land taken possession of under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act in respect of one Govind Kinkar Bhattacharjee.

(2.) PROCEEDINGS under the Land Ceiling Act were initiated against one Nirmal Bhattareharjee who is the adopted son of Govind Kinkar Bhattacharjee and 30 acres of land was determined as being his ceiling area, in addition to certain exempted extents. This was done after a draft settlement was published, objections were heard and a final notification of surplus lands was made. The surplus lands vested in the Slate. The said lands were distributed among 22 persons.

(3.) AFTER the final settlement was published under the Act and the vesting took place, one Mahadev Bhattacharjee Hied a suit in the Civil Court claiming to be another adopted son of Govind Kinkar Bhattacharjee through Prabash Kamini Debya. who was the first wife of Govind Kinker Bhattacharjee. Nirmal Bhattacharjee who was the defendant in the suit disputed the adoption set up by Mahadev Bhattacharjee, and pleaded that Prabhash Kamini had not been authorized by Govind Kinker Bhattacharjee to adopt a son and in any event, the adoption was invalid in law.