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1976 Supreme(Pat) 126

SHAMBHU PRASAD SINGH, S.K.JHA
Ganga Das – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioners: Messrs P.C. Das and C.B. Das.
For the State : Messrs S.B.N. Singh Government Pleader No. 11 and Arun Kumar Singh, Junior Counsel to G. P.

Judgment of the Court-

This application under Article 226 and 227 of the Constitution of India has been made against an order declaring 4.22 acres of land of the family of the petitioners as surplus land to be vested in the State of Bihar under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus land) Act, 1961 (hereinafter referred to as 'the Act'). The total land possessed by the family of the petitioners is 42 acres and odd decimals. The family of the petitioners has been allowed to have 36 acres of land on the basis that it constituted of the units. The claim of the petitioners is that the family consists of three units and in that view of the matter no land should have been declared to be surplus at all. Admittedly Ganga Das, petitioner no. 1 has got three sons. Narain Das, Jai Kumar Das and Shyamanand Das. There is no dispute that Narain Das was major on the relevant date and Shyamanand Das was minor on that date. The dispute is with regard to Jai Kumar Das. According to the petitioners, he also was a major on the relevant date and therefore, entitled to be treated as a separate unit for the purposes of the Act. According to the respondents, he has been



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