A writ petition was filed before the High Court and the primary stand was relating to classification made to declare certain lands as surplus.
The lands which belonged to the son Chittaranjan Prasad Singh number deceased should number have been included.
However, as final publication was number made, after the amendment of the Act by Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Amendment Act, 1982 hereinafter referred to as the Amendment Act , the matter was taken afresh from the stage of Section 10 of the Act.
Certain lands which were earlier classified as Class I land were held number properly to have been done.
At the stage of fresh proceedings following objections were raised The classification of lands was number properly made.
Bageshwari Devi was grand daughter of aforesaid Budh Prakash Singh.
Thereafter revision case No.387/85 was preferred.
It was numbered that gift was made in favour of Bageshwari Devi when she was child of about 8 months and even after such alleged gift rent was paid to Budh Parkash Singh and the lands purportedly to be gifted to Kamla Devi and Bageshwari Devi were, in fact, in the possession of Budh Parkash Singh.
In the writ appeal, the stand taken was that the effect of the amended provisions i.e. Sections 32A and 32B had number been kept in view.
23/73 74 after draft publication and on companysideration of the objection made by Budh Prakash Singh, orders were passed by the L.R.D.C., Aurangabad against which the aforesaid persons filed an application for revision before the revisional authority.
However, rest of the objections including the objection relating to classification of land was rejected.
In the said Land Ceiling Case No.
Kamla Devi, daughter in law lands gifted to Smt.
The revisional authority by revisional order dated 28.4.1987, rejected the same.
The lands gifted to Smt.
L.R.D.C. by order dated 14.5.1984 accepted part of the objection and ordered for exclusion of the land gifted during grace period in favour of two daughters, namely, Nirmala Kumari and Sashibala.
Proceedings under the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 in short the Act were initiated against the landholder family of Budh Prakash Singh.
By order dated 7.4.1977 the revisional authority in revision case No.1986/76 accepted some of the objections of Budh Prakash Singh, but parts of the objections were rejected.
Similarly, number exclusion of the gifts in favour of Kamla Devi and Bageshwari Devi were questioned.
Kamla Devi was daughter in law and Smt.
Bageshwari Devi, grand daughter and lands gifted to two daughters, namely, Nirmala Kumari and Sashibala within the grace period should be excluded.
The gift made in favour of the two daughters was companyfirmed but the claim relating to deletion of land gifted in favour of daughter in law, Kamla Devi and grand daughter Bageshwari Devi was rejected.
The factual companytroversy lies in a very narrow companypass.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Patna High Court dismissing the Letters Patent Appeal filed by the appellants.
A Ceiling Appeal was preferred and the appellate authority by order dated 10.9.1985 accepted part of the objection.
