Siyaram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1175 of 2020 ====================================================== Siyaram Rai S/o Ramakant Rai, Resident of Village- Lauadhi, P.S.- Karimuddinpur, District- Gazipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna 3.

The Divisional Commissioner, Patna 4.

The District Magistrate, Buxar 5.

The Land Reform, Deputy Collector, Buxar 6.

The Circle Officer, Rajpur, District Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kr. Singh, Adv.

Mr.Praveen Kumar, Adv.

For the State :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2020 Heard both sides.

Petitioner being aggrieved by the order passed by learned Chairman, Bihar Land Tribunal in B.L.T. Case No.176 of 2019 dated 18.06.2019 by which the learned Chairman dropped the proceeding on the ground that Section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act has been deleted by Act 18 of 2016. Section 30(4) of the Act has been added which vests power in the Collector of the District and the Commissioner of the Division to reopen the land ceiling case on the ground

Patna High Court CWJC No.1175 of 2020(2) dt.22-01-2020 2/2 mentioned therein.

Learned counsel for the petitioner submits that the petitioner is the son of sister of Ramadhar Rai. The land ceiling case was initiated against Ramadhar Rai (brother of original petitioner Kamla Devi). Ramadhar Rai did not disclose this fact that the original petitioner being the daughter of original landlord is also entitled to get unit.

Having considered the facts, this writ petition is disposed of with a direction to the petitioner to file a petition before the Collector, Buxar under section 30(4) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act and on such the Collector, Buxar shall hear the petitioner and other concerned party and pass order in accordance with law within three months from the date of filing of such petition.

With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Harish/- U