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2010 DIGILAW 1101 (PAT)

Kabindra Kumar Sinha v. State Of Bihar

2010-05-04

V.N.SINHA

body2010
JUDGEMENT V. N. Sinha and j. JJ. 1. Heard learned counsel for the petitioners and the State. 2. Petitioners are the landholders. A ceiling proceeding was initiated against them by the Collector under the Act vide Ceiling Case No.71/1975-76 in which petitioners filed their objections claiming five units but the authorities under the impugned order dated 4.4.1997, Annexure-3 has allowed them 3 units which has been affirmed by the appellate and the revisional authority i. e. Board of Revenue. This writ application has been filed questioning the action of the respondent authorities to include the land of others in the draft statement as also to include them in the area given to the petitioners in their unit contrary to the averment made in Annexure-2 to the objection, Annexure-7. In Annexure-2 appended to the objection, Annexure-7 petitioners categorically stated that the lands detailed in Annexure-2 does not belong to them as those lands are of some other persons and have been wrongly included in Parshishtha Ka and should be excluded from the lands of the petitioners. 3. It is submitted on behalf of the petitioners that if the lands of Parshishtha Ka of the draft statement is excluded from the lands which is to be given to the petitioners in the light of the findings of the Collector under the Act contained in order dated 4.4.1997, Annexure-3 then their purpose will be served as petitioners does not posses any surplus land. 4. Having heard counsel for the petitioners and the State, Sri Ajay, S. C.-3 (Ceiling), I direct the Collector, Gopalganj to exclude the lands of Parshishtha Ka as shown in Annexure-2 to the objection filed by the petitioners which is contained in Annexure-7 and to that extent modify the draft statement issued under Sec.11 (1) of the Act which is dated 31st May, 1997 and is contained in Annexure-8 to this application and thereafter grant the petitioners right to exercise option as per Sec.9 of the Act. The Collector under the Act should proceed in accordance with law, as has been directed in this order, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the Collector under the Act. 5. The writ application is, accordingly, disposed of.