Sachchidanand Jha, J.

1. This writ petition arising from decision of the Additional Member, Board of Revenue, in Case No. 168 of 1993 raises an interesting question of law as to whether, while determining the ceiling area of a landholder, the land of a female member of the family governed by Mitakshara School of Hindu Law, as a landholder in her own right, is to be treated as part of her husbands estate and be clubbed with his land even though she dies intestate and issueless before such determination takes place or the same is to revert to the common hotchpot of her deceased father, brothers etc.

2. The proceeding giving rise to the writ petition has a chequered history. Shortly stated, Ceiling Case No. 13/8 of 1973-74/74-75 was initiated by the Collector, Aurangabad. .in respect of the joint family lands of petitioner No. 1, Krishna Prasad Sharma (K.P. Sharma, in short) for determination of the ceiling area and acquisition of surplus lands under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (the Ceiling Act, in short). A draft publication was made in 1975 under which 4 units were granted in favour of (i) Deor