CIVIL WRIT JURISDICTION CASE No.6521 OF 1990 In the matter of an application under Article 226 of the Constitution of India --------- 1. SRI RAM JANKI THAKURWARI THROUGH ITS SHEBAIT TRIPURARI PANDEY SITUATED IN VILLAGE DEUL, P.S. JAGDISHPUR, DIST. BHOJPUR. 2. TRIPURARI PANDEY SON OF LATE RAM RAN VIJAY PANDEY @ RAM RAN VIJAY PRASAD PANDEY(DECEASED) RESIDENT OF VILLAGE DEUL, P.S. JADISHPUR, DIST. BHOJPUR. ----------------(Petitioners) Versus 1. THE STATE OF BIHAR. 2. THE ANCHAL ADIKARI, JADISPUR(BHOJPUR) 3. THE DEPUTY COLLECTOR(INCHARGE) LAND REFORMS, SADAR ARRAH(BHOJPUR) 4. THE ADDITIONAL COLLECTOR, BHOJPUR(ARRAH) 5. THE COLLECTOR BHOJPUR(ARRAH) 6. THE ADDITIONAL MEMBER BOARD OF REVENUE BIHAR AT PATNA. ----------------------(Respondents) ----------- For The Petitioners : Mr. Jitendra Pd. Singh, advocate. For The State : Mr. Rana Ishwar Chandra, AC to GP-13 P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha, J. Re :-I.A. No.4788 of 2008 It appears during the pendency of the writ application petitioner no.2 Ram Ran Vijay Pandey @ Ram Ran Vijay Prasad Pandey, the Shebait of Sri Ram Janki Thakurwari, petitioner no.1 left for heavenly abode on 11.5.2008 leaving behind heirs and legal representatives as indicated in paragraph-2 of the interlocutory application. Let name of petitioner no.2 be expunged from the records and heirs and legal representatives as indicated in paragraph-2 of the 2 interlocutory application be substituted. It is submitted that after the death of Ram Ran Vijay Pandey @ Ram Ran Vijay Prasad Pandey his son Tripurari Pandey is serving as Shebait of the Thakurwari. Let petitioner no.1 Sri Ram Janki Thakurwari be represented in these proceeding through Tripurari Pandey and the description of petitioner no.1 be accordingly, corrected. Vakalatnama filed on behalf of the substituted heirs is already on record. I.A. No.4788 of 2008 is disposed of. This writ application is directed against the resolution of the Board of Revenue, Bihar dated 2.3.1990 passed by the Member Board of revenue in Ceiling Revision Case No.165, 166 of 1989, Annexure-13, whereunder the order dated 13.2.1989 passed by the Collector, Bhojpur, Annexure-12 and the order dated 24.4.1987 passed by the Additional Collector, Bhojpur, Annexure-10 declaring the lands in question to be surplus has been confirmed on the ground that transfer made by Mostt. Rudhesra Kuer in favour of Thakurwari, petitioner no.1 vide gift dated 6.1.1971 can not be taken as valid transfer as the said gift was executed by Mostt. Rudhesra kuer without the permission of the Collector of the district during the pendency of the ceiling proceeding initiated against Mostt. Rudhesra kuer in violation of the provisions contained in Section-5(1)(ii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as the Act) which inter alia prohibit transfer of land by the land holder during the pendency of the ceiling proceeding and issue of gazette notification acquiring the surplus land under Section 15(1) of 3 the Act. In view of the clear embargo contained in Section-5(1)(ii) of the Act Mostt. Rudhesra kuer could not have transferred the lands in question in favour of Thakurwari, petitioner no.1 under gift dated 6.1.1971. In the facts and circumstances, considering the legal position, it is difficult for this Court to set aside the impugned orders and the writ petition assailing the orders as also the vires of the provisions contained in Section-5(1)(ii) of the Act is dismissed. Patna High Court Dated 30th March, 2010 NAFR/Rajesh (V.N.Sinha, J.)