N.L.UNTWALIA, S.SARWAR ALI
Bipin Bihari Das – Appellant
Versus
State Of Bihar – Respondent
N.L.Untwalia, J.
1. In all these three cases are involved important questions of law as to the interpretation of certain provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) hereinafter called the Act. The facts of the three cases are also identical. They have been heard together and are being disposed of by this common judgment.
2. I shall state the necessary facts from the file of C. W. J. C. 2019 of 1970. The petitioners case is that a public notice as contemplated under Sec. 6 of the Act seems to have been published calling upon land-holders in the district of Monghyr to submit returns. But the petitioner was not aware of any such publication of the notice under Sec. 6. On the 22nd of November 1970 he received a notice signed by the Sub-divisional Officer, Begusarai, acting as Collector under the Act, calling upon him to show cause why the excess land in his possession should not be acquired under Sec.38 of the Act. A copy of this notice is annexure 1 to the writ application. The petitioner filed a petition on 27-11-1970 before respondent No. 2 challenging the validity of certain provisions of t
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