Riva Jha @ Smt. Ribha Jha vs State of Bihar

Kishore Kumar Mandal, J. (Oral) - Heard learned counsel for the petitioners and AC to SC-19 for the State.

The petitioners has approached this Court aggrieved by the order dated 06.09.2013 passed by the Additional Collector, Darbhanga in Land Ceiling case no. 92 of 1989-90 whereby their application (Annexure-5) seeking impleadment in the said proceeding was considered and rejected primarily on the ground that such application was being filed 19 years after the order was passed and that the petitioners were not the purchasers from the landholder. The claim of the petitioners is that they purchased the land in the year 1994 from Bhagwati Sahkari Grih Nirman Samiti Bakarganj, Darbhanga (for short ''the Samiti'') vide sale deeds executed in 1994. The Samiti had purchased the land from the wife of the landholder ( Radheshwar Singh) in the year 1986.

Having heard the parties, in my view, no interference is required in the order dated 06.09.2013. However, before the ceiling proceeding is concluded/finalized it will be open to the petitioners to approach the Authority under Section 9 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 for allotting the land claimed by them within the admissible ceiling limit of the land holder(s). If any such application is filed, the same shall be considered and disposed of by the concerned Authority in accordance with law.