Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Ceiling |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Ceiling:Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - s.45-B - Land declared as surplus - Distributed to downtrodden - Parcha issued in their name and possession also delivered - Reopening of case under s.45-B without issuing or giving opportunity of hearing to parcha holders in possession of land - Correctness of - Held: Not correct - Proceedings under s.45-B Bare quasi judicial in nature - Before reopening the concluded issue, authority had to satisfy minimum requirement of principles of natural justice by issuance of notice and hearing - Natural justice - Principles of. The ceiling surplus proceedings was initiated against the respondent No.8 and notice to the said effect was issued. The landholder, respondent No.8, his wife and minor children were holding land totalling 19 acres 71 decimals. The concerned authority declared 4.64 acres of land as surplus and accordingly notification under s.15 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was issued. Respondent no.8 unsuccessfully filed appeal before Commissioner and revision before Board of Revenue. Writ petition for quashing the earlier orders was dismissed by the High Court. Subsequently another writ application was filed in High Court by respondent No.8 and the same was disposed of with direction to raise the matter before the Collector of the District within 2 weeks. Respondent No.8 did not file application before the District Collector. Therefore, after the expiry of said period, the High Court's order became infructuous. The wife of respondent No.8 filed an application before the District Collector for re-opening the case under s.45-B and the same was dismissed. Challenging the order of dismissal and previous orders passed in appeal and revision filed by respondent No.8, an application under s.32 was filed before Board of revenue which was disposed of with direction that Collector should ascertain the allegation. After final publication under s.15(1), the aforesaid excess land i.e. 4 acres 64 decimals was distributed to 8 down-trodden people. Parchas were issued in their name and the possession was also delivered to them. The District Collector transferred the case to the Court of Additional Collector who re-opened the case and held that the land holder has no excess land. Before disposal of the application under s.45-B, no notice was issued nor opportunity was given to the appellants with whom the aforesaid lands were in possession. High Court dismissed the writ petition filed by appellants. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1184 |
Petitioner | Dadan Ram And Ors. |
Respondent | State Of Bihar And Ors. |
SCR | [2007] 12 S.C.R. 507 |
Judgement Date | 2007-11-23 |
Case Number | 26 |
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