RAMACAST LIMITED Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY
LAWS(PAT)-2016-10-143
HIGH COURT OF PATNA
Decided on October 27,2016

RAMACAST LIMITED Appellant
VERSUS
State Of Bihar Through Principal Secretary Respondents

JUDGEMENT

Ravi Ranjan, J. - (1.) The petitioner has filed this review application seeking review of the order dated 29.01.1997 passed by a Division Bench of this Court in C.W.J.C. No. 1436 of 1986 and other analogus matters. The relevant/operative part of it reads as under:- "30 In the result, the order of the Additional Collector dated 15.1.1995, the order of the Collector dated 17.6.1985 as well as the order of the Additional Member, Board of Revenue dated 6.7.1985 as also the findings of the Additional Collector under section 5(1))(iii) of the Act regarding transfers of the land and the consequential notifications including under section 11(1) or 15 of the Act are hereby quashed. The Additional Collector, Ceiling, is directed to conduct a fresh inquiry under section 5(1)(iii) of the Amended Act and publish a fresh draft statement as required under section 10(1) of the Act. As these cases have been disposed of in presence of the learned Advocates, therefore, in order to avoid unnecessary delay, all the concerned parties are directed to appear in the Court of Additional Collector, Motihari, East Champaran (respondent no. 4) or the Additional Collector, Ceiling, as the case may be, on or before 23rd of February, 1997 so that a firm date can be fixed for hearing and inquiry etc. But until, final disposal of the matter, all the parties to the proceeding are refrained from transferring or disposing of any land, which was declared surplus by virtue of the impugned orders."
(2.) The case of writ petitioner is as follows:-
(3.) Shree Hanuman Sugar Industries Ltd., the petitioner of C.W.J.C. No. 1436 of 1986, being land-holder of land measuring about 1467 acres of different categories, filed a return after commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act" for the sake of brevity) before the ceiling authorities. Verification was carried out under Rule 8 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963 but without proper notice to the parties, therefore, by order dated 30th September, 1976 passed in CWJC No. 1312 of 1985, the ceiling authority was directed to make fresh verification in the presence of the petitioner after granting reasonable opportunity to the parties, as required under Section 9 of the Act. After verification, in terms of the direction of the High Court, the Additional Collector also conducted inquiry under Section 5 (1)(iii) of the Act regarding several sale deeds executed by the original land holder. The proceeding also included two sale deeds executed by the land-holder in favour of this petitioner on 07.09.1970, i.e., just two days before the appointed day fixed under Section 2(a) of the Act, i.e., the 9th day of September, 1970. The land-holder was also pursuing an exemption under Section 29 of the Act on several grounds. However, the Additional Collector, on 15.01.1983, annulled several sale deeds executed by Shree Hanuman Sugar Industries Ltd., the land-holder, including the two in favour of the petitioner, under Section 5(1)(iii) of the Act.;


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