RAM CHANDRA BHAGWANJI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ applications arise out of a proceedings under Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act"). Two separate ceiling cases, namely, Land Ceiling Case No. 17 of 1973-74 for 341.23 acres of land in the name of Late Bishwanath Choudhary and his family members and Land Ceiling Case No. 202 of 1973-74 in the name of eight deities installed in Sita Ram Thakur Bari, through Late Bishwanath Mishra its Shebait (Manager) for 261.85 acres land were initiated for acquisition of surplus land. The first writ petition (C.W.J.C.No. 3436 of 1994) though instituted in the name of Sri Ram Chandra Bhagwanjee the principal deity of the Thakurbari and 7 other deities and the family members of Late Bishwanath Chaudhary in reality chooses to assail an order dated 8.11.1993 of reopening of the proceedings of both the cases under Section 45B of the Act, passed by the Collector of Katihar District in Ceiling Case No. 17 of 1973-74, whereas in the second writ petition (C.W.J.C.No. 7323 of 1996), a challenge has been thrown to an order dated 27.11.1995 passed by the Additional Collector (Ceiling), Katihar in Ceiling Case No. 202 of 1973-74 whereby and whereunder 210.77 acres of land of the deities have been declared to be surplus for its being acquired by the State.

(2.) The facts, which are not in dispute, lie in a narrow compass. Ceiling Case No. 17 of 1973-74 was initiated with respect to the ancestoral land of the family of Late Bishwanath Chaudhary held by them in their individual and personal capacity. The land holder, Late Bishwanath Choudhary had submitted his return whereafter it was found that he and his family members had been in actual possession of 341.23 acres land. A draft statement accordingly issued under section 10(2) of the Act was followed by the objection of the land holder under section 10(3) of the Act and in course of hearing of such objection several purchasers led by one Durga Dutta Jha and 28 others had also intervened with a prayer for exemption of land purchased by them. Such objections having been considered by the Collector under the Act was disposed of by his order dated 24.7.1975 but the said order could not be sustained in appeal and the Additional Collector in his appellate order dated 10.9.1975 while setting aside the order dated 24.7.1975 had directed for holding a further enquiry under section 5(1)(iii) of the Act, whereafter a fresh order dated 3.5.1976 was passed under section 10(3) of the Act by D.C.L.R. the Collector under the Act, in which it was held that all the transfers made after the appointed date, i.e. 9.9.1970 by the original land holder in the name of different persons were illegal and impermissible in terms of the provisions in the Act. The transfer made by the land holder prior to 9.9.1970, however, was recognized and accordingly, on 4.6.1976 a final publication of draft statement under section 11(1) of the Act was made.

(3.) Against the said order dated 4.6.1976 the appeals were filed before the Divisional Commissioner, Saharsa by the original land holder as also by the purchasers but all such appeals were dismissed by the Commissioner by his common appellate order dated 13.9.1976. These two orders were accordingly made subject matter of the two separate writ petitions, one at the instance of the land holder, and other by the purchasers being C.W.J.C.No. 4696 of 1979 and C.W.J.C.No. 654 of 1979 respectively. Both the writ petitions were again heard together by this Court and were disposed of by a common order dated 4.9.1979. This Court having set aside the appellate order of the divisional Commissioner dated 13.9.1976 had remitted the matter back to him for hearing of the appeal afresh. While the appeals on remand were pending before the Commissioner of the Division substantial changes were made in the Act by way of several amendments and insertions of several new provisions including sections 32-A and 32-B of the Act which had come into force with effect from 9.4.1981 and accordingly both the appeals pending before the Commissioner had abated.