CHOUDHARYAZIZULHASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) --This application is directed against an order dated 18-2-1993 passed by respondent No. 2 whereby and whereunder he purported to have set aside the orders dated 1-3-1984 and 25-7-1991 passed by the Additional Collector (Ceiling), Katihar and notice dated 22-3-1993 issued by the said respondent directing the petitioner to show cause as to why a proceeding under Section 18 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Lands) Act, 1961 (hereinafter to be referred to as the said Act), be not initiated as contained in Annexures 1 and 2, respectively.

(2.) The fact of the matter is not much in dispute. A proceeding under the said Act was initiated against the landholder who was the father of the petitioners. A draft statement was issued under Section 10 (2) of the Act showing that the landholder had been 264.61 acres of land. An objection was filed by the land holder in terms of Section 10 (3) of the Act which was disposed of by an order dated 27-2-1976 as it was found that surplus land was available at his hands. However, no notification under Section 11(1) of the Act was issued. It appears that the records of the said case was missing.

(3.) On 12-11-1982 some complaints had been received by respondent No. 2 whereafter a supplementary record was opened and again a draft statement under Section 10(2) of the Act was issued. In a notification issued under Section 11 (1) of the Act the landholder was shown to have been holding 698.65 acres of land and upon grant of one unit to him, 673.45 acres was shown as surplus land. In the meanwhile as the land holder, Choudhury Abid Hussain died on 7-10-1989, a copy of the statement was served upon the petitioner on 16-11-1989 and later on he was substituted in place of the original landholder on 26-12-1989. Notices were also issued to the parties subsequently an objection filed by the substituted heirs under Section 10 (3) of the Act on 3-5-1990,