Full Judgment Text
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PETITIONER:
STATE OF BIHAR A ORS.
Vs.
RESPONDENT:
MAHANTH BALRAM DAS
DATE OF JUDGMENT: 22/04/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (4)411
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel for both the parties.
Proceedings were initiated under Section 10 of the
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of Surplus Land) Act, 1961 (Bihar Act XII of 1962) (for
short, the ’Act’). The notification under Section 10(1) of
the Act is required to be prepared by the Collector on the
basis of the information obtained by the Collector regarding
the land held under Sections 6, 8 and 9 or information had
By the Collector under Section 7. The Collector shall cause
a draft statement to be prepared issuing the particulars
enumerated thereunder. The draft statement shall be
published in the official Gazette of the district and such
other place enumerated under rules. Objections received
therein under sub-Section (3) are required to be disposed
of. Under Section 11, he has to make the final publication
of the draft statement in the manner prescribed thereunder.
Against the final statement, an appeal, revision or review
etc. has been provided in the Act. In 1982, the Bihar Land
Reforms (Fixation of Ceiling Area and Acquisition of Surplus
Land) (Amendment) Act was made. Under Section 32-A, the
pending appeals, revision, review or reference other than
those arising out of orders passed under Section 8 or sub-
section (3) or sub-section (16) pending before any authority
shall abate. Upon amendment, under the proviso thereunder,
the Collector shall proceed with the case afresh in
accordance with the provisions of Section 10. Similarly,
Section 32-B also envisages fresh proceedings contemplated
by Section 11 of the Act. It would thus be clear that, in
spite of any matter having become final or matter pending by
operation of Section 32-A and 32-8, all the proceedings
stand abated. Consequently, the Collector has to prepare the
draft statement required under Section 10 afresh and get it
published as per law inviting objections from the land-
holders and then proceed under sub-section (3) of Section
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10. In view of this admitted legal position, the view taken
by the High Court in C.W.J.C. No.8237/92 dated December 15,
1992 is not correct in law,
The appeal is accordingly allowed. The order of the
High Court is set aside. It would be open to the Collector
to take action afresh in accordance with Section 10 and
proceed with the matter according to law. No costs.