Smt. Indra Kala Devi and Others vs State of Bihar and Others

S.J. Mukhopadhaya, J.—The writ petition was originally tiled by Shri Balram Mishra (first Petitioner since deceased, now substituted by heirs); Smt. Indra Kala Devi second Petitioner Sharad Chandra Mishra third Petitioner, Ashok Kumar Mishra fourth Petitioner and Arun Kumar Mishra-fifth Petitioner. They challenged all the orders dated 31 st of March, 1984, 17th of November. 1986 and 10th of September, 1987, whereby and whereunder the revisional authority declared certain lands of land holder Late Janardhan Mishra as suplus and such order was affirmed by the appellate and revisional authorities.

As the case can be disposed of on short point, as agreed by the parties, it is not necessary to discuss all facts and claims of the parties, except the relevant one.

The land ceiling proceeding, being L.C. Case No. 174/74 was started against the original land holder, Late Janardhan Mishra uncle of deceased Petitioner Bal-ram Mishra (elder brother of Late Manikant Mishra. Initially six units were al-lowed and no land was found to be surplus. After amendment, of Act and insertion of Section 2(B) therein, the proceeding was started afresh. The only heir Balram Mishra was substituted, who filed objection u/s 10(3) of the Act. Balram Mishra prayed for exclusion of certain lands which were gifted to second Petitioner Suit. Indrakala Devi in the year 1940 and the land which were transferred in favour of other Petitioners in the year 1971. However, the objections to the aforesaid extent was not taken into con sideration and the impugned original order was passed on 31st March, 1984. Thereafter, the appeal and then the revision application which were preferred by deceased Balram Mishra were also rejected vide impugned appellate and revisional orders dated 17th November, 1986 and 10th September 1987 respectively.

The Petitioners have specifically pleaded that 24.86 acres of lands were gifted to second Petitioner Smt. Indrakala Devi, the daughter of the original land holder, during her marriage in the year 1940. In this respect a title suit No. 25/70 was filed, wherein judgment and decree was passed by Learned Munsif, Araria on 4th April 1970, much prior to the initiation of Ceiling proceeding. Learned Munsif held that the 24.86 Acres land in question is the land of second Petitioner Smt. Indrakala Devi. The records of right was also prepared accordingly and her name was mutated in respect of land in question as she was found to be in possession of the same. It has further been stated that certain lands were sold by deceased Petitioner Balram Mishra in favour of 3rd, 4th and 5th Petitioners on 24th of August, 1971 by three separate sale deeds, whereby 15.74 acres of lands were transferred in their favour. It stated that such land has been declared surplus without any inquiry and without any notice u/s 5(i)(ii) of the Ceiling Act.

With respect to land, stated to be gifted to the second Petitioner (24.86 acres) it is stated that such transfer has not been annulled after notice to the second Petitioner u/s 5(i)(iii) of the Act. No counter affidavit has been filed on behalf of the Respondents. The aforesaid facts as stated by the Petitioners have not been controverted.

In view of aforesaid facts, the matter requires re-consideration, as admittedly the 2nd, 3rd, 4th and 5th Petitioners were not heard at the original stage. Accordingly the case is remitted to the Additional Collector (Ceiling) Supaul who is stated to be the competent authority.

The Petitioners are directed to appear before the Additional Collector (Ceiling), Supaul personally or through their lawyer on or before 15th December, 1998 and will produce a copy of this order along with an application giving therein the relevant dates relating to transfer of lands with supporting documents. The authority concerned will fix a date of hearing before whom the Petitioners will produce the relevant evidence relating to transfer of their land in their favour, judgment and decree aforesaid and any other evidence on which they want to rely. If it is found that certain land (stated to be 24.26 (sic) acres) has been held by the Court to be land of second Petitioner Smt. Indrakala Devi, the authority will exclude such land from the land of the land holder/ceiling proceeding.

So far as the lands stated to have been transferred in favour of 3rd, 4th ana 5th Petitioner, after 9.9.1970 are concerned, the authority concerned will treat such land/lands as selected by the land holder for the purpose of retention in terms with Section 9(2) of the Act.

A decision in this respect be taken and final order be passed on an early date preferably within a period of four months from the date of appearance of the Petitioners.

I make it clear that I have not allowed the Petitioners to raise any other question/issue apart from the aforesaid question as has been ordered to be decided.

The writ petition stands disposed of with aforesaid observation and direction. However, on the facts and circumstances there shall be no order as to costs.