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2010 DIGILAW 1227 (PAT)

Sushila Devi v. State Of Bihar

2010-05-11

V.N.SINHA

body2010
JUDGEMENT V. N. Sinha and j. JJ. 1. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notice bearing Memo No.136 dated 12.6.2000 as contained in Annexure-5 to this application, whereunder she has been informed that Land Ceiling Case No.1388 of 1973/293 of 1976 has been reopened by the State Government in purported exercise of power under Section-45b of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) so as to enable the Collector under the Act to examine the validity of transfers made by the land holder after 22.10.1959 till the appointed day i. e.9.9.1970. 3. It is submitted on behalf of the petitioner that the notice dated 12.6.2000, Annexure-5 is wholly without jurisdiction as the same has been issued with reference to the power under section-45b of the Act without appreciating the fact that ceiling proceeding initiated against the petitioner bearing Land Ceiling Case No.1388 of 1973/293 of 1976 has not yet been concluded by publishing the notification under Section-11 (1) of the Act and until such notification is published there is no occasion for the authorities of the State Government to reopen the ceiling proceeding. It is further submitted on behalf of the petitioner that petitioner was allowed units by the Collector, Bhagalpur and the units allowed have never been questioned, which has become final in the light of the judgment of the Honble Supreme Court dated 14.12.1981 and as the units allowed by the Collector of the district has become final the authorities may confine their Enquiry in the light of the notice dated 12.6.2000 to the question of the validity of the sale deeds executed by the petitioner after 22.10.1959. It is thus evident that petitioner is not disputing the enquiry. She only desires that the units allowed by the Collector of the district having become final under the orders of the Supreme Court should not be re-examined but she has no objection if the validity of the transfers made is considered by the authority. It is also submitted that the ceiling proceeding is pending since 1973, as such, it is high time that the authorities should take final decision in the matter at the earliest, in any case within three months from the date of appearance of the petitioner. 4. It is also submitted that the ceiling proceeding is pending since 1973, as such, it is high time that the authorities should take final decision in the matter at the earliest, in any case within three months from the date of appearance of the petitioner. 4. Accordingly, I dispose of the writ application directing the petitioner to appear before the Additional Collector, Land Ceiling, Bhagalpur in the light of notice dated 12.6.2000 within four weeks from today along with a certified copy of this order, whereafter the Additional Collector shall proceed with the enquiry about the validity of the transfers made by the petitioner after 22.10.1959 and pass final order in regard to the transfers made without disturbing the units allowed to her by the Collector of the district under order dated 23.2.1976 and approved by the Honble Supreme Court under orders dated 14.12.1981. Once the enquiry is concluded and surplus land is found at the end of the petitioner, she be allowed right to exercise option, which petitioner must exercise within one month of the passing of the order by the Collector under the Act declaring surplus land at the end of the petitioner and thereafter publication under Section-11 (1) of the Act be made. Interim order dated 19.7.2000 passed in the instant case is vacated.