CHANDESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case the petitioner has challenged the order dated 21st August, 1987 passed by Additional Collector (Land Ceiling) Bettiah in Case No. 112/75 -76 whereby and where under the petitioner Chandeshwar Prasad, son of the original land holder was held to be a minor and was not allowed unit as was allowed earliet. The said impugned order was passed on reopening of the case under section 45(B) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Ceiling Act for short)

(2.) A land ceiling proceeding being L. C. Case No. 112/75 -76 was initiated against land holder Shri Guari Shankar Prasad father of the petitioner in the said case. After submission of verification report draft notification under Section 10(2) was published. The land holder appeared and filed objection under Section 10(3) of the Act. After hearing the parties the petitioner, son of the land holder, was held to be major and a separate Unit was allowed in his favour. The authority held that there was no surplus land and dropped the proceeding vide order dated 20th August, 1977.

(3.) IT will be evident from the impugned order dated 21st of August, 1987 (Annexure 3) that the case of petitioner was referred for verification of the age to a Medical Board. The report was submitted by one Dr. Madan Mohan Prasad of M.K.J. Hospital, Bettiah, which was based on X -ray Report. Not only the certificate relating to the age but also X -ray plate were also submitted before the authority. According to the said medical report the petitioner Chandeshwar Prasad was found ! to be about 36 years of age on 12.1.1987. Though the petitioner was found to be a major as on 9.9.1970, the Additional Collector (Land Ceiling) refused to hold the petitioner a major, as the Medical Officer in his cross -examination observed that there may be some variation of age, as only the approximate age is given in the report.