The challenge to the inclusion of the tank area was rejected by the appellate authority on 22.3.1983 and upheld by the Board of Revenue on 22.11.1983.
By order dated 9.10.1982, the Addl.
Feeling aggrieved, the appellant filed a writ petition WP No.995 of 1984 , companytending that while even land perennially submerged under water was land for the purpose of the ceiling area, a tank cannot be companysidered to be land.
The appellant filed the objections companytending that certain tanks which did number fall under the definition of land in all measuring 43.29 acres had been wrongly included in the draft publication.
Collector held that the tanks companyering an area of 43.29 acres fell within the definition of land and therefore, had to be taken into account for determining the surplus area.
The appellant is a land holder.
The Circle Officer submitted a report to the Land Reforms Deputy Collector, Jamshedpur, showing the extent of land in the possession of appellant as 443.09 acres.
The appellant filed a return showing the extent of land in its possession as 379.12 acres.
Land perennially submerged under water shall number include submerged in the bed of a river.
V.RAVEENDRAN, J. Leave granted.
Proceedings were initiated in the year 1973 for determination of the surplus land held by it.
Explanation II.
