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1998 Supreme(Pat) 417

AFTAB ALAM, D.S.DHALIWAL
Kula Nand Jha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ petition arises from a land ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act"). The petitioners-landholders seek to challenge the order dated 24.1.1989 (Annexure-1) passed by the Additional Member, Board of Revenue. By the impugned order, the Additional Member declined to entertain the revision filed by the petitioners under Sec. 32 of the Act on the ground that it was filed beyond the period of limitation.

2. While disposing of the petitioners objection filed against the draft statement, the Additional Collector, by order dated 3.8.1983. allowed five units to the landholders besides two further units for minor children amounting to 2/10 of an adult unit. The landholders preferred an appeal against the order passed by the Additional Collector. The appeal preferred by the landholders was rejected by the Collector by order dated 2.9.1988 (Annexure-2). Though no cross-objection or cross-appeal was filed by the State, the appellate Court disallowed the two additional units granted in favour of the minor children, Further the appellate Court though discussing the









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