RAM LAL SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the order dated 20.11.06 modified by order dated 18.12.06 passed by the respondent No. 2 in Revision Case No. 33/06 whereby the Member, Board of Revenue has held that the land in question is homestead .and the same comes within the definition of Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 [hereinafter referred to as 'the said Act] and as such the provisions of Section 16(3)(1) of the said Act applies in such case.

(2.) LEARNED counsel for the petitioner has assailed the said order on the ground that the land in question is homestead and that the provisions of Section 16(3)(1) of the said Act have got no application in this case and learned Member, Board of Revenue has passed the impugned order misinterpreting the provisions of Section 2(f). For just decision of this case, it is necessary to know about the nature of the land in question which has been transferred. Learned counsel submitted that he had purchased the said land by virtue of a sale deed dated 4.12.01 (Annexure -1). On perusal of the said sale deed, it transpires that the said land has been described as non -irrigated Tand -II single crop with Mahua trees having ancestral Raiyati interest. The ground taken by learned counsel that the said land is not a Raiyati land and the same does not come within the ambit of Section 2(f) of the said Act, thus, could not be substantiated.

(3.) THERE being no merit, this writ application is dismissed.