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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12264 of 2022 ======================================================
1. Pramod Kumar Jha, S/o Late Ram Sundar Jha. 2. Suryakanta Devi, W/o Late Gokhulanand Jha.
3. Arundhati Devi, W/o Late Amrendra Jha.
All resident of village-Khamgara, P.S.- Tarabari, District- Araria.
4. Dilip Mishra S/o Late Rajendra Mishra, resident of Village-Ram Nagar, P.S.-
Sikti Bardaha, District- Araria.
5. Madhuri Devi W/o Late Kritya Nand Sharma, R/o Village-Kursa Kanta, P.S.- Kursa Kanta, District- Araria.
6. Malti Devi W/o Late Murli Mohan Thakur R/o Village- Para, P.S.- Katihar, District- Katihar. ... ... Petitioners Versus
1. The State of Bihar through the Collector, Araria.
2. The Collector, Araria, District- Araria.
3. The Addl. Collector, Araria, District- Araria.
4. The Sub-Divisional Officer, Araria, District- Araria.
5. Prem Sundar Jha S/o Late Ram Sundar Jha.
6. Neelam Jha, W/o Shri Dhruv Kumar Jha.
7. Hem Sundar Jha, S/o late Ram Sundar Jha.
8. Subodh Kumar Jha, S/o Late Ram Sundar Jha.
9. Buchhi Mandal S/o Shibu Mandal.
10. Punyanand Mandal, S/o Late Buldev Mandal.
11. Damodar Mandal, S/o Late Chumman Mandal.
12. Lalit Narayan Mishra, S/o Shiv Narayan Mishra.
13. Futkari Sada, S/o Late Ghongher Sada.
14. Dinesh Sada, S/o Late Mangal Sada.
15. Rameshwer Sada, S/o Late Lakhan Sada. 16. Chandradeep Sada, S/o Late Bhatui Sada.
17. Ameli Sada S/o Late Manti Sada.
18. Ramji Sada S/o Late Jhari Sada.
19. Chamru Sada S/o Late Buchhan Sada. 20. Tarachand Sada S/o Late Baunu Sada. 21. Nandan Sada S/o Late Mangan Sada.
22. Buchwa Sada S/o Late Fagu Sada.
23. Domru Sada, S/o Late Narayan Sada.
24. Lakshmi Sada S/o Late Jhabru Sada.
25. Bowa Sada S/o Manyan Sada.
26. Dilip Sada S/o Late Tupai Sada.
27. Sudhir Kumar Jha S/o Late Mohan Lal Jha. 28. Sushil Kumar Jha S/o Late Mohan Lal Jha.
29. Dr. Shambhu Nath Jha S/o Late Ram Lal Jha.
30. Dr. Prem Kumar Jha S/o Late Ram Lal Jha. 31. Dr. Amod Kumar Jha S/o Late Ram Lal Jha.
32. Kumod Jha S/o- Late Ram Lal Jha. 33. Kaushal Jha S/o Late Ram Lal Jha.
34. Shashi Jha S/o Late Ram Lal Jha.
35. Trilok Nath Jha S/o Late Shobhit Lal Jha. 36. Dilip Kumar Jha S/o Late Shobhit Lal Jha. 37. Kapil Kumar Jha S/o Late Shobhit Lal Jha. 38. Bipin Kumar Jha S/o Late Shobhit Lal Jha.
39. Brajendra Kumar Jha S/o Late Nand Lal Jha. 40. Dvijendra Kumar Jha S/o Late Nand Lal Jha.
41. Narayan Mandal S/o Faturi Mandal.
42. Ram Chandra Paswan S/o Not known.
43. Prabhu Paswan S/o Late Kishan Paswan. 44. Anant Lal Singh S/o Late Khedu Singh.
45. Sital Singh S/o Late Moti Singh.
46. Shankar Singh S/o Late Gulab Chandra Singh.
47. RajKumar Singh S/o Late- Joginder Singh.
48. Ashok Singh S/o Late Sudama Singh.
49. Shiv Prakash Singh S/o Late Mangal Singh.
50. Arjun Singh S/o Late Ramdassi Singh. 51. Sitaram Singh S/o Late Ramlal Singh. 52. Jhari Lal Tatma S/o Late Sugru Tatma. 53. Vikash Tatma S/o Late Gahnu Tatma.
54. Girna Tatma S/o Late Utki Tatma.
55. Ramanand Tatma S/o Late Bhola Tatma.
56. Rameshwar Bhagat S/o Not known.
Respondent nos. 27 to 56 are resident of Village- Tarabari, P.S.-
Tarabari, District- Araria.
... ... Respondents ======================================================
Appearance :
For the Petitioners : Mr. Samrendra Kumar Jha, Advocate For the Respondents : Mr. Rishi Raj Sinha, S.C.-19 Mr. Saurav Kumar, A.C. to S.C.-19 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL JUDGMENT
Date : 04-04-2023 In this writ petition, the petitioners have prayed for the following reliefs:-
“(i) For quashing the order dated
25.04.2022 passed by the Chairman of the Bihar Land Tribunal, Patna in BLT Case No. 144/2018 whereby the prayer of the petitioners to recall the order dated 12.07.2017 passed in BLT Case No.81/2016 observing that with the repeal of section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the matter relating to the reopening of the ceiling proceeding shall be deemed to have abated.
(ii) For quashing the order dated
12.07.2017 passed by the Member (Administrative) in BLT Case No. 81/2016 whereby it was held that the case has abated in view of the deletion of section 45-B of the 1961 Act by gazette notification dated
02.09.2016.
(iii) For quashing the order dated
09.09.2015 passed by the Addl. Member, Board of Revenue, Bihar, Patna, in Revision (Land Ceiling Surplus) Case No.04/2006 whereby the same stood rejected and direction given to the District Collector, Araria and Sub Divisional Officer, Araria to take necessary steps for acquiring the lands given to the married daughters of the land holder as separate units after his death.
(iv) For quashing the order dated
12.09.1990 passed by the Sub Divisional Officer, Araria in Ceiling Case No.25/1973-74 whereby the claims regarding option, classification and unfounded voluntary surrender of the petitioners were rejected.
(v) For quashing the appellate order dated 25.11.2004 passed by the Collector, Araria in Ceiling Appeal Case No.221/1994-95 whereby the appeal preferred against the order dated
12.09.1990 was rejected.”
2. The short facts of this case are that a Ceiling Case No.25 of 1973-75 was initiated against the father of of the petitioners with respect to 179.12 acres of land. On 31.12.1979 the father of the petitioners died leaving behind his wife, four sons and six daughters. After the death of the landholder, his legal heirs were substituted in the said ceiling proceeding. A draft statement under Section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was published on 30.06.1983. Four units comprising of 100 acres of class-III land were allowed to the original landholder and 79.12 acres of land of the same class was declared as surplus. Objections were filed under Section 10(3) of the Act before the Sub Divisional Officer, Araria against the said draft statement, which was rejected vide order dated 07.06.1986. Against the said order, an appeal was filed before the Collector, Purnia. The Collector, vide order dated 19.08.1988 set aside the order dated 07.06.1986 as it was not a speaking order and remitted the matter to the Sub Divisional Officer, Araria for passing a reasoned order on all objections. Thereafter, the Sub Divisional Officer vide order dated 12.09.1990 accepted some objections and rejected other objections regarding classification of 46.27 acres of land and landholders were allowed to retain 144.33 acres of land and remaining land was declared as surplus. Against the said order, Ceiling Appeal No.221 of 1994-95 was filed before the Additional Collector, Araria, which was dismissed on 25.11.2004 by upholding the order of the Sub Divisional Officer, Araria.
2.1. Being aggrieved by the same, a Ceiling Revision Case No.04 of 2006 was fled before the Additional Member, Board of Revenue, Patna which was dismissed vide order dated 09.09.2015 and District Magistrate and Sub Divisional Officer, Araria were directed to take necessary steps for acquiring the lands given to five married daughters of the original landholder. The aforesaid order was challenged in the Bihar Land Tribunal, Patna, in B.L.T. Case No. 81 of 2016. The said B.L.T. Case was disposed of vide order dated 12.07.2017 observing that in view of the repeal of Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 by Gazett
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