- (1.) Ramanand Pandey, original tenure holder, died leaving behind Appellant No. 1 as the widow, Appellant Nos. 2 to 5 as sons and Appellant No. 6 as grand-son. In proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 ('the Act') a draft statement was served on the appellants who filed their objections. While the proceedings were pending, the Act was amended by Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 by which Sections 32a and 32b were, inter alia, added in the principal Act. These Sections provide as under: "32A.abatement of appeal, revision, review or reference An appeal, revision, review or reference other than those arising out of orders passed under section 8 or Sub-section (3) of Section 16 pending before any authority on the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus of Land) (Amendment) Act, 1982 shall abate : Provided that on such abatement the Collector shall proceed with the case afresh in accordance with the provisions of Section 10: Provided further that such appeal, revision, review or reference arising out of orders passed under Section 8 or Subsection (3) of Section 16 as had abated under Section 13 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 shall stand automatically restored before the proper authority on the commencement of this Act. 32b. Initiation of fresh proceeding -All those proceedings other than appeal, revision, review or reference referred to in Section 32a pending on the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982, and in which final publication under Sub-section (1) of Section 11 of the Act as it stood before the amendment by the aforesaid Act, had not been made shall be disposed of afresh in accordance with the provisions of Section 10 of the Act. "
(2.) Instead of abating the pending proceedings and starting the whole case afresh, an ex-parte order was passed by Respondent No. 4 on 5.1.1993, without any notice to the appellants, determining the ceiling and surplus area as applicable to Ramanand Pandey, the original tenure-holder, as substituted by the present appellants. A notification under Section 11 (1) of the act was issued on 18.2.1993 which was subsequently published in the Bihar Gazette on 20. 2.1993. The appeal filed by the appellants was dismissed on 11.1. 1994. The revision filed thereafter was also dismissed by the Board of Revenue on 13.7.1995.
(3.) The writ petition filed by the appellants in the Patna High Court was dismissed on 12.1.1996 and this decision was upheld by the Division Bench.;