PITAMBAR SINGH AND ORS. versus STATE OF BIHAR AND ORS.

PITAMBAR SINGH AND ORS. versus STATE OF BIHAR AND ORS.

Since the order of the appellate authority dated 15.12.1977 treating the major son as a separate family was never challenged and attained finality, there was no ground for reopening the proceedings under Section 32B. Further, as per the definition of 'family' under Section 2(ee) of the Act, major sons are not part of the family. Thus, the appellants were entitled to be treated as two families and there was no surplus land. The High Court erred both in permitting reopening and in treating the family as a single unit.

Parties
Appellant: Pitambar Singh; Appellant: Rabindra Kumar Singh; Respondent: State of Bihar; Respondent: Manish Kumar
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Land Ceiling, Bihar Land Reforms Act, Mitakshara Joint Family, Ceiling Area Determination, Surplus Land, Reopening of Proceedings
Land Law Land Ceiling Bihar Land Reforms Act Mitakshara Joint Family Ceiling Area Determination Surplus Land Reopening of Proceedings

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Parties

Pitambar Singh

Appellant

Rabindra Kumar Singh

Appellant

State of Bihar

Respondent

Manish Kumar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the reopening of ceiling proceedings was justified under Section 32B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 after the order of appellate authority became final
  2. 2 Whether members of a Mitakshara joint family who were major on the relevant date should be treated as separate families for the purpose of land ceiling

Ratio Decidendi

Since the order of the appellate authority dated 15.12.1977 treating the major son as a separate family was never challenged and attained finality, there was no ground for reopening the proceedings under Section 32B. Further, as per the definition of 'family' under Section 2(ee) of the Act, major sons are not part of the family. Thus, the appellants were entitled to be treated as two families and there was no surplus land. The High Court erred both in permitting reopening and in treating the family as a single unit.

Court Disposition

Appeal allowed

Orders

  • Set aside all orders starting from the order dated 31.12.1983
  • Held that since order dated 15.12.1977 attained finality, no further proceedings can take place