Decided on December 07,1979

STATE OF BIHAR Respondents


M.P.Varma, J. - (1.)IN this writ application, the petitioners have challenged the validity of Annexure '11'. Annexure '11' is the notification purported to have been issued under Sub-section (1) of Section 15 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The validity of this order has been challenged solely on the ground that there can be no final publication under Section 11 without following the procedure laid down under Section 10 of the said Act and, therefore, it follows that notification under Section 15 (1) can be made only when there is a final publication of the list under Section 11 (1) of the Act. So far as this case is concerned, it has been contended by the Counsel for the respondents that since the petitioners have voluntarily surrendered the land there was no question of holding enquiry with regard to the surplus land. It appears that this fact has been challenged by the petitioners in the writ application. It is the case of the petitioners, that the grandfather of the Sebait of the petitioners, late Banbari Lal, created a deed of trust. There will be three separate deities in the name of Thakur Uma Nath Mahadeo, Sri Laxmi Narain and Sri Ram-Laxman Janki and one separate block was allotted to the Sebait also and so taking into consideration the case of each deity and the Sebait, they were in all claiming four separate units. IN view of the denial of any surrender of the land it appears essential that before issuing any such notification it was incumbent on the authorities to have enquired into with regard to the finding of the surplus land. There being no such finding to the effect that there was surplus land, the order appeared to be without jurisdiction. IN both the cases where an enquiry is made under Section 10 of the Act or in which land is surrendered as surplus the publication of final list under Section 11 (1) is mandatory. If there is no final publication under Section 11 (1) of the Act in respect of the surplus land, no notification can be made under Section 15 (1) of the Act and, therefore, this impugned order is ultra vires and must be quashed.
(2.)IN the result, Annexure '11' is quashed. There will be no order as to costs.

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