SHEO SHANKAR LALL Vs. STATE OF BIHAR
LAWS(JHAR)-2003-7-37
HIGH COURT OF JHARKHAND
Decided on July 22,2003

Sheo Shankar Lall Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

TAPEN SEN,J. - (1.) HEARD the parties.
(2.) THE only reason why this Writ Application must succeed is because while deciding an objection filed by the Petitioners under Section 10(2), the Deputy Commissioner, Ranchi relied solely and wholly on the Order dated 10 -03 -1987 which was passed on the objection filed by the land holders under Section 8 of the Urban Land (Ceiling, and Regulation) Act, 1976. In the instant case, Mr. N.K. Prasad, Senior Advocate appearing for the Petitioners has pointed out that while the land holders filed their objections, their specific case was that they were entitled to at least two Units in relation to exemption and those two Units were specifically pleaded by them in the statutory Form -I which has been brought on record through the Supplementary Affidavit filed in the instant case on 11 -07 -2003 (the relevant portion whereof is to be found at running page -76 of the instant Writ Application).
(3.) THROUGH the aforementioned Form -I, the land holder claimed that he along with his wife Mrs. Pushpa Tuli along with two minor children i.e. Miss. Nutan Tulsi and Miss. Komal Tuli constituted one Unit of the family while Anil Kumar Tuli, his major son would constitute another Unit comprising of himself. In this context, the definition of the word 'Family' as given in Section 2(f) of the Urban Land (Ceiling and Regulation) Act, 1976 is as follows: - - '2 (f) 'family', in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children. Explanation: - - For the purpose of this clause, 'minor' means a person who has not completed his or her age of eighteen years;'. ;


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