Judgment 1. The State of Bihar has filed a Letters Patent Appeal on a decision in Civil Writ Jurisdiction Case being C.W.J.C.No. 3326/96 (Vishwanath Mahto and others V/s. The State of Bihar and others). The decision is of a learned single Judge dated 2nd March, 1998, on which he has declared certain orders and notices in the writ petition as unconstitutional and ultra vires of Articles 14 and 15(1) of the Constitution of India and thereafter has directed that the cases of the petitioner Vishwanath Mahto along with 35 others be reconsidered by the State. 2. The issue relates in the allotment of Chat lands to the landless. The Chat lands are those which run aside irrigation projects. Originally, by a Government order dated 6th December, 1971, such lands could be allotted to (i) landless harijans (ii) retired military personnel and his male lineal descendants (iii) landless labourers and (iv) others. By a Government order dated 2nd April, 1993 the allocation of Chat lands went radical change in policy announcing that Chat lands would be available for allocation only to members of the scheduled caste and scheduled tribe. This policy decision of the Government was challenged by 36 petitioners in several writ applications. 3. The learned Judge, who heard the petition, was of the view that the changed policy has completely overhauled the criteria and was, in effect, creating 100% reservation in favour of a particular category of persons. The learned Judge held that the Constitution did not permit this and thus declared that the changed policy suffers from vice and is ultra vires and violative of Articles 14 and 15(1) of the Constitution of India. 4. The matter has been heard prior to today. Today an adjournment is being sought for by the learned Advocate-General, with a submission that the Government will bring in new policy. 5. This court cannot help expressing that even the Government order of 1971 perhaps offends the dignity and self respect of two classes one the women and the other, the landless. This court will take to the second aspect first. If a person be truely landless and has no other means to support him then such a state is the worst in poverty. It would be best that chat lands may be allocated amongst only the landless not possessed of any other means. This court will take to the second aspect first. If a person be truely landless and has no other means to support him then such a state is the worst in poverty. It would be best that chat lands may be allocated amongst only the landless not possessed of any other means. But to qualify that it will be available only to the male lineal descendants creates a bias to eliminate the women which is gender bias in the face of the Constitution of India. This clause offends the dignity of the women. 6. For allocation to retired military personnel and whose families may be entitled to receive an allocation of Chat land the Court is not making any comment at present. 7. In the circumstances that the learned Advocate-General seeks adjournment, it is granted. 8. Let this matter come-up after one month along with L.P.A. Nos. 477 and 802 of 1999. 9. Let a copy of this order delivered to the learned Advocate-General, Bihar.