ASHOK KUMAR PANDEY & ORS. versus STATE OF BIHAR

ASHOK KUMAR PANDEY & ORS. versus STATE OF BIHAR

Transfers made to mortgagees after 9-9-1970, without prior Collector’s approval as required by the Act, must be treated as lands retained by the landholders for the purpose of determining their ceiling area, and the re-opening of proceedings after 14 years is valid for ascertaining the eligible holdings when proper procedure and opportunity are afforded.

Parties
Appellants: Ashok Kumar Pandey & Ors.; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
09 May 2008
Procedural Posture
Civil Appeal / Final Appeal Decided by Supreme Court; Appeal From Division Bench of High Court of Patna in L.p.a. No. 1173/1998
Outcome
Appeal dismissed.
Legal Topics
Land Ceiling, Re Opening of Proceedings, Mortgaged Land, Transfer of Land, Statutory Interpretation
Property Law Land Reforms Land Ceiling Re Opening of Proceedings Mortgaged Land Transfer of Land Statutory Interpretation

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Parties

Ashok Kumar Pandey & Ors.

Appellants

State of Bihar

Respondent

Procedural Posture

Civil Appeal / Final Appeal Decided by Supreme Court; Appeal From Division Bench of High Court of Patna in L.p.a. No. 1173/1998

Legal Issues

  1. 1 Whether re-opening of concluded land ceiling proceedings under s.45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after 14 years, is tenable.
  2. 2 Whether mortgaged lands, whose possession was given to mortgagees and later transferred after 9-9-1970, could be excluded from landholder's ceiling area.

Ratio Decidendi

Transfers made to mortgagees after 9-9-1970, without prior Collector’s approval as required by the Act, must be treated as lands retained by the landholders for the purpose of determining their ceiling area, and the re-opening of proceedings after 14 years is valid for ascertaining the eligible holdings when proper procedure and opportunity are afforded.

Court Disposition

Appeal dismissed.

Orders

  • No order as to costs.