CIVIL WRIT JURISDICTION CASE No.1175 OF 1999 (In the matter of an application under Article 226 of the Constitution of India). 1. BALRAJ DEVI, WIFE OF LATE RANJIT SINGH. 2. RAM NATH SINGH. 3. SHREE KRISHNA SINGH. 4. TEJ NARAIN SINGH. ALL SONS OF LATE RANJIT SINGH, RESIDENTS OF PARSURAMPUR, POLICE STATION- PIRPAINTY, DISTRICT- BHAGALPUR. 5. KANTI SINGH, WIFE OF CHANDRA SHEKHAR SINGH, RESIDENT OF VILLAGE- RAMPUR, POST OFFICE AND DISTRICT- GAZIPUR (U.P.). 6. DUNDRAJ DEVI, WIFE OF DUDH NATH SINGH, RESIDENT OF DARBESHPUR, POST OFFICE- JALALGANJ, DISTRICT- JONPUR. 7. RAM SINGARI DEVI, WIFE OF SHEO PRASAD SINGH, RESIDENT OF VILLAGE & POST OFFICE- KAITHE, DISTRICT- VARANSI :---- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. MEMBER, BOARD OF REVENUE, BIHAR, PATNA. 3. COLLECTOR, BHAGALPUR, DISTRICT- BHAGALPUR. 4. SUB DIVISIONAL OFFICER, BHAGALPUR, DISTRICT- BHAGALPUR. 5. CIRCLE OFFICER, PIRPAINTY, DISTRICT- BHAGALPUR :--- RESPONDENTS. ----------- For The Petitioner :Mr. Shashi Shekhar Dwivedi, Senior Advocate. For The Respondent : Mr. Ajay, S.C.-3 (Ceiling) P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha,J. Heard learned counsel for the petitioners. None appears for the State nor any counter affidavit has been filed by the learned counsel who has been entrusted with the brief of this case in compliance of the orders of this Court dated 10.2.1999. I, however, requested Sri Ajay learned S.C.-3 (Ceiling) - 2 - to assist in the matter and in compliance of my request he has assisted the Court during hearing of this writ case. 2. Petitioners are aggrieved by the order dated 5.1.1981 passed by the Sub-Divisional Officer, Sadar, Bhagalpur, whereunder three units were allowed to the family, one for Ranjit Singh and two for his sons, Ram Nath Singh and Sri Krishna Singh. Petitioners assailed the order of the Sub- Divisional Officer in appeal asking the authorities to allow them four units, one for the 3rd son of Ranjit Singh, namely, Tej Narain Singh as well who was adult and over 18 years of age on 9.9.1970, as is evident from the report of the Sub-Divisional Officer, Pirpainti dated 1.12.1980, Annexure-4 and the matriculation certificate for the High School Examination, 1969 granted by the Uttar Pradesh Board of Secondary Education dated 1st July, 1969, wherefrom it appears that date of birth of Tej Narain Singh is 03.09.1952 and he was adult over 18 years of age on 09.09.1970. It was also contended that under the impugned order the authorities had declared 30.80 acres of Class-IV surplus land at the end of the petitioners but while making such declaration the authorities did not take into account - 3 - 24.26 acres of land of Village- Baijnathpur which was acquired by the State in the year 1957 and as those lands were acquired in 1957 could not have been included as the lands of the petitioners. It is further submitted that from the report of the Sub- Divisional Officer, Pirpainti it would appear that the lands of the petitioners are riverine (Diara) as the lands are situate in Diara area and should have been classified as Class-V and not Class-IV and if such classification is allowed then even without granting a unit for Tej Narain Singh there shall be no surplus at the end of the petitioners. 3. Having heard counsel for the petitioners and the State and having perused the impugned orders, I modify the impugned orders dated 5.01.1981, 4.8.1997 and 20.1.1998 contained in Annexures 1,2 and 3 and direct the Sub-Divisional officer, Bhagalpur to delete 24.26 acres of land of Village- Baijnathpur from the lands of the petitioners as those lands stood acquired in the year 1957 which fact was reported to by the Circle Officer, Manihari in his report bearing letter no. 1162 dated 27.6.1983, which is found mentioned at the internal page-16 of the appellate order dated 4.8.1997 passed by the Collector, Bhagalpur, - 4 - Annexure-2. For grant of one unit for Tej Narain Singh in the light of his date of birth recorded in the matriculation certificate no. 102372 dated 1st July,1969 the authorities are at liberty to get the said certificate verified from the Uttar Pradesh Board of Secondary Education, Allahabad but unless they receive a contrary report, they cannot refuse unit to Tej Narain Singh in the light of his age recorded in the said certificate. The verification of certificate no. 102372 dated 1st July, 1969 be completed as early as possible, in any case within a period of six months from the date of receipt/production of a copy of this order, failing which it should be deemed that the certificate of Tej Narayan Singh is valid. Within the same time if the authorities so desire, they can get the nature of the land also verified to confirm that the lands in- question is situate within Diara area. 4. The writ application is, accordingly, disposed of. The Patna High Court The 13th day of April, 2010. P.K.P./N.A.F.R. (V.N.Sinha,J.)