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PATNA HIGH COURT
Narayan Roy, J.
Mone Lal Goswami
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 11715 of 1999 ;
Decided On : MARCH 28, 2000
Notification - Bihar Land Reforms - The court directed the petitioner to approach the Collector first to ventilate grievances with regard to the correction to be made in the final publication under section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
Fact of the Case:
The petitioner challenged the notification issued under section 15(1) of the Bihar Land Reforms Act, 1961, regarding the final publication, claiming no knowledge about it and seeking to get back the lands purchased.
Finding of the Court:
The court found that the petitioner had not approached the competent authority to re-open the matter or make necessary corrections in the notification. The court directed the petitioner to approach the Collector first to ventilate grievances.
Issues: The issues revolved around the petitioner's lack of knowledge about the final publication and their entitlement to get back the purchased lands.
Ratio Decidendi: The court emphasized that the petitioner should approach the Collector first to address grievances regarding the correction to be made in the final publication.
Final Decision: The application was disposed of with the direction for the petitioner to approach the Collector first to ventilate grievances with regard to the correction to be made in the final publication.
1. Heard learned counsel for the petitioner and Mr. Dinu Kumar, S.C. (Ceiling) for the respondents.
2. By this writ application the petitioner-purchaser has questioned the notification issued under section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. It appears that final publication under section 15(1) of the Act was made on 19.11.93. However, it was submitted that petitioner had no knowledge about the final publication and they are entitled to get back the lands purchased by them.
3. There is nothing in the writ application to show that the petitioner ever approached the competent authority either to re-open the matter or before the Collector to make necessary correction in the notification issued under section 15(1) of the Act. In my opinion, the petitioner should approach the Collector first ventilating his grievances with regard to the correction to be made in the final publication.
4. With this direction/observation, this application is disposed of.
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