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2008 Supreme(Pat) 244

HIGH COURT OF PATNA
MIHIR KUMAR JHA, J.
Mukul Jha – Petitioner
Vs.
The State of Bihar & Ors. – Respondents
CWJC No. 12009 of 2007
Decided on: 5.2.2008

Headnote:Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961-Section 15-Prayer for cancellation of parcha-Land ceiling proceedings initiated against father of petitioner and upon considering objections filed by then landlord, order passed u/s 10(3)-Ceiling proceedings already came to end by order of High Court dated 16.1.1995-Authorities having acted as per Notification u/s 15 of the Act in the of year 1989, had made distribution of land-Once High Court came to the conclusion that no portion of that order is bad, entire notification cannot be quashed-Land which has already been allotted to purcha holders cannot be reverted back to petitioners-Prayer for cancellation of parchas rejected-Application dismissed with cost of Rs. 5000/-.

       (Paras 14, 18, 20 and 22 to 25)

       

ORDER

In this writ application, the petitioner has made the following prayers:–

1. That in this writ application, the petitioner is challenging the illegality, arbitrary and high-handed action of the Respondents in giving possession of land in respect of which, the purchas issued long back that were subsequently modified by the Hon'ble Member of the Board of Revenue and subsequently sanctified by the Hon'ble High Court and accordingly petitioner prays for quashing of the order, dated 9.6.2006, passed by Hon'ble Land Reforms Deputy Collector (hereinafter LRDC), Madhubani, in Misc. Ceiling Purcha Case No. 02/05-06 as well as the order, dated 4.9.2006 passed by Hon'ble Collector of the District Madhubani in Misc. Ceiling Case No. 02/06-07, upholding the said order and beseech for appropriate direction to allow the petitioner to retain the land as per their option as directed by the Hon'ble Revisional Court and Hon'ble High Court with the grant of such other reliefs for which petitioner is found entitled in the eye of law.

2. That the petitioner specifically and candidly prays for following relief/s:–

(i) That the order (Annexure-2), dated 9.6.2006 of the Land Reforms Deputy Collector, Madhubani, passed in Misc. Land Ceiling Purcha Case No. 02/05-06 as well as Appellate Order (Annexure-13) dated 4.9.2006, passed by the Hon'ble Collector of the District of Madhubani in Misc. Ceiling Case No. 02/06-07, be quashed as being illegal, incompetent and without jurisdiction.

(ii) That the purchas distributed to landless persons in respect of the land which ought to have been modified/corrected in view of the option exercised by the petitioner by directed to be modified and corrected and then only the possession of the land be given to purcha holders.

(iii) That an appropriate writ or direction be issued to respondents to issue fresh notification u/s 15(1) of the Act taking into account the objection of the petitioner.

(iv) That respondents be desisted from enforcing the illegal purcha of 1989 which has no leg to stand in the eye of law.

(v) That any other reliefs may be granted to the petitioner for which he found entitled in the eye of law.

(vi) That during pendency of this writ petition, respondents be directed to restrain to illegal purcha holders in disturbing the peace and tranquility of the society in local area.

2. The admitted fact is that a land ceiling proceedings came to be initiated against the father of the petitioner and therein upon considering the objections filed by the then landholder, an order was passed under Section 10(3) of the Act on 28.12.1986. As against the aforementioned order and the notification under Section 11 of the Act, an appeal was preferred by the landholder which was also disposed of by an order dated 25.5.1992 under the order of the Collector of the district. The matter thereafter came before the Board of Revenue and the Additional Member, Board of Revenue by order dated 26.1.1993 had affirmed the findings in the order of the Deputy Collector Land Reforms and the Collector of the district passed under Sections 10(3) and 11 of the Act respectively. It is, however, significant to note here that Additional Member, Board of Revenue in the concluded portion of the order which give liberty to the petitioner to exercise the option within one month of the date of the order i.e. by 20th July, 1993.

3. It appears that the petitioner did not/could not exercise the option within a period of one month as originally given to him under the order of the Additional Member, Board of Revenue and he came to this Court in CWJC No. 10297 of 1993 wherein this Court while upholding the order of the three authorities i.e. the Deputy Collector Land Reforms, Collector of the district and the Additional Member, Board of Revenue, all of the authorities had directed that the option which was given by the petitioner during the pendency of the writ application on 22.11.1993 should De accepted and given effect to. At this stage, it would be also

























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