The definition of 'land' under the Bihar Land Reforms Act is exhaustive and includes all land perennially submerged under water, except for land submerged in the bed of a river.

Nagendra Rai and Navin Sinha JJ.

1. The appeal under Clause X of the Letters Patent of the Patna High Court has been filed against the judgment dated 2.3.1993 passed by the learned Single Judge of this Court in CWJC No. 995 of 1984 dismissing the writ application filed by the appellant challenging resolution of the Board dated 22.11.1983, whereby the Board has upheld the order passed by the authorities concerned under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act) rejecting the objection.

2. The admitted fact is that Land Ceiling Case No. 250 of 1973 was initiated under the provisions of the Act against the petitioner and adverse orders were passed by the authorities under the Act, which was challenged by the petitioner in this Court by filing writ petition, vide CWJC No. 1675 of 1976, which was allowed by this Court on the ground that adequate opportunity was not given to the petitioner and before annulment of the sale deeds u/s. 5 of the Act the transferees were not noticed. This Court directed the authorities to consider the matter afresh in the light of observations made in the order. Thereafter, the objection raised by the petitioner u/s. 10(2) of the Act was considered and rejected by the Additional Collector on 9.10.1982, which was upheld by the appellate authority vide order dated 22.3.1983. Before the appellate authority the appellant confined its objection only as to whether the tank is a land within the meaning of the Act as defined u/s. 2(f) of the Act or not. The appellate court held that the tank is land within the meaning as defined under the Act and the said finding has been upheld by the Board by its resolution dated 22.11.1983. The appellant challenged the orders passed by the revenue authorities before this Court which as stated above has been affirmed by the learned Single Judge, hence the present appeal.

3. The only question for consideration is whether tank is included in the definition of the land or not and if included then whether it should be even tank or all tank should be included within the definition.

4. Learned. Counsel appearing for the appellant submitted that even if tank is included in the definition of the land the tank should be even one as defined under the Act and there being no finding that the tank belonging to the petitioner is even one the authorities were not justified in treating the tank as land under the provisions of the Act. The learned Counsel for the State supported the order passed by the learned Single Judge. Learned Single Judge did not accept the stand of the appellant on the ground that the according to definition of land, the land submerged perennially into water except bed of the river is a land and the same includes a tank also and the word even used prior to land perennially submerged into water is not used as adjective to the word land but it has been used to mean also only.

5. The Act has been enacted for fixation of ceiling area and settlement of surplus land to the landless, for acquiring status of raiyat by certain under-raiyats and for other connected matters. The land as defined under Section 2(f) of the Act prior to its amendment by Act 55 of 1982, is as follows :

"land means land which is used or capable of being used for agriculture or horticulture and includes land which is an orchard, kharhur or pasturage or the homestead of a land-holder."

6. In the said definition the land perennially submerged under water was not included in the definition of land. By Amendment Act 55 of 1982 additions were made in the said definition of land and after the words "kharhur or pasturage" the words "or kharhur or pasturage or forest land or even land perennially submerged water" were inserted and were deemed always to have been inserted and Explanation No. II was also added which provided that the land perennially submerged under water shall not include submerged in the bed of