SHYAMPATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This application is directed against an order dated 18-3-1991 passed by the respondent No. 2 and as contained in Annexure 1/A to the writ application as also the notification issued under Section 15 (1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) and as contained in Annexure-2 to the writ application.

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioner is widow of one Raghunath Singh. He died in the year 1976 leaving behind the petitioner, four sons namely. Shambhu Narain Singh, Awadh Narain Sing, Jai Narain Singh and Brajkishore Singh and a married daughter viz. Smt. Suraj Devi. A proceeding was initiated as against the aforementioned Raghunath Singh on 3-4-1974. The authorities under the said Act called for a report from the Anchal Adhikari Raxual as also authorities of the East Champaran District. On 19-6-1979 the Additional Collector received a fresh report from Anchal Adhikari of Raxual. On or about 24-7-1979 he directed that notices be issued to the landholder. On 28-3-1980 the registered notice was received unserved as the landholder was reported to be dead. However, on 7-4-1990 an order was passed as against the original landholder. On 9-4-1980 a draft statement WPS directed to be prepared wherein it was started that the landholder was entitled to one and l/10th units and thus was entitled 33.3 acress of lands of Class IV lands and thereby 14 35 decimals were declared to be surplus lands. A copy of the said draft statement was directed to be sent to the landholder. On 28-2-1981 the service report was received wherein the landholder was shown as dead. The Respondent No. 2 thereafter by an order dated 2-3-1981 directed that the matter should be proceeded with against the petitioner.