In Basundhara Devi & Ors.vs. The State Of Bihar & Ors. and in Rajeshwar Rao & Anr. 1. The State of Bihar (2025), Patna High Court's Division Bench delivered a 67-page long judgment dated September 19, 2025, wherein, Justice Rajiv Roy concluded: ''85. This takes the Court to only one conclusion. The writ petition(s) have no merit and have been filed not only to defeat the provisions of ‘the Act’ but also to any how hang on to the surplus lands which otherwise should have been vested with the State of Bihar decades ago. 86. Both the writ petitions are dismissed. The stay order dated 15.06.2017 stands vacated. 87. A copy of the order be sent to the Collector, West Champaran for his/her perusal/needful.'' The Act refers to Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
The writ application was filed for the issuance of an appropriate writ for quashing of the order dated February 27, 2017 passed by K.K. Pathak, Additional Member, Board of Revenue, Bihar, Patna in Revision (Land Ceiling Surplus) Case No. 3/2009 whereby, the order dated January 30, 2009 passed by the Collector, West Champaran, Bettiah in a Appeal and the order dated June 7, 1988 passed by the Additional Collector (Land Ceiling) West Champaran, Bettiah in Case No. 13/1975which was re-affirmed. The application prayed for the issuance of an appropriate writ restraining the respondents to distribute the surplus land arising out of a Ceiling Case and for any other relief/reliefs the petitioners are entitled for under the law as well as on facts.
A Land Ceiling Case no. 13/1974-75 was initiated against the landholder, Rajeshwar Rao over 72.96 acres of land and after allowing 44.62 acres equivalent to two units, the rest 28.34 acres of lands were declared surplus. Accordingly, the draft statement under section 10(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was issued on November 12, 1976. The landholder thereafter preferred objection as follows:
(i) he surrendered 2.86 acres of land;
(ii) late Bacha Rao’s daughter has been denied unit;
(ii) only two units have been allowed for the widow and the landholder, Rajeshwar Rao whereas the grandmother was alive on 09.09.1970.
It was disposed of by the Additional Collector, West Champaran on December 20, 1976 holding that:
(i) 2.86 surrendered land be excluded from the land of the landholder;
(ii) late Bacha Rao’s units has been allotted to her widow (mother of the landholder) and no separate unit can be allotted to his sister; (iii) in the genealogical table, grandmother has been shown dead. The same is recorded in verification report and as such, she is entitled to a separate unit.
This followed notification under Section 11(1) of ‘the Act’ on January 21, 1977. Thereafter, Appeal No. 308 of 1976-77 was preferred before the Collector, West Champaran which came to be rejected on February 15, 1977. The landholder preferred Ceiling Revision Case no. 348/1977 before the Board of Revenue, Bihar. It was disposed of on July 27, 1977 by the Additional Member, Board of Revenue, Bihar and the matter was remanded back to the Collector, West Champaran for fresh adjudication. The Board of Revenue held that the petitioner’s main claim was grant of additional unit to the grandmother, Shujhari Kunwar who was alive on 09.09.1970. It came to the conclusion that the grandmother was entitled to an additional unit. The Board of Revenue’s order dated July 27, 1977.
This revision application was filed u/s 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 on behalf of Rajeshwar Rao, son of late Bacha Rao and Mt. Sheojhari Kuer, widow of late Nageshwar Rso, both residents of village Mathis, P.S. Lauriya, district West Champaran is directed against order dated February 15, 1977 of the Collector, in Revenue Appeal NO. 308/76-77, whereby the Collector dismissed the appeal filed on behalf of the petitioners against the order dated December 20, 1976 or the in L. C. Case NO. 13/75-76. The impugned orders of the lower courts were assailed by the lawyer on behalf of the petitioners mainly on the ground that the lower courts erred in not giving a ceiling unit to petitioner no.2 Sheojhari Kuer, widow of late Nageshwar Rao, grand father of petitioner No.1 Rajeshwar Rao. The impugned orders of the lower courts set aside and remanded the case to the court of the Collector, West Champaran with direction to dispose of the matter in accordance with law and in the light of my observations made in the foregoing paragraphs. To set the matters at rest the Collector is directed to inquire if petitioner no. 2 was still alive on the basis of the evidence adduced by the concerned parties including the petitioners as well as the State. In the result, the revision application is allowed. Following the aforesaid direction, the Additional Collector, West Champaran took up the Ceiling Case No. 13 of 1974-75 and vide an order dated October 28, 1977 allowed third unit to Shujhari @ Siodhari Kunwar, the grand-mother of Rajeshwar Rao. Total surplus land was found to be 8.41 acres including 2.86 acres of land voluntarily surrendered by the petitioners. The case of the petitioners was also that while the matter was pending, vide Amendment Act 55 of 1982, Section 32B came into force.
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