CIVIL WRIT JURISDICTION CASE No.1539 OF 1999 (In the matter of an application under Article 226 of the Constitution of India.) MITHILESH PRASAD SINGH, SON OF SRI SHYAM NANDAN PRASAD SINGH, RESIDENT OF VILLAGE- BISHANPUR, P.S. SAHARGHAT, DISTRICT- MADHUBANI :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE ADDITIONAL MEMBER, BOARD OF REVENUE, BIHAR, PATNA. 3. THE COLLECTOR, MADHUBANI. 4. THE SUB-DIVISIONAL OFFICER, BENIPATTI, DISTRICT- MADHUBANI. 5. THE CIRCLE OFFICER, MADHWAPUR, DISTRICT- MADHUBANI :-- RESPONDENTS. ----------- For The Petitioner : 1. Mr. MURARI NARAIN CHOUDHARY, Advocate. Mr. Vijay Kumar, 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. Learned counsel for the petitioner has filed supplementary affidavit which is taken on record. 2. Head learned counsel for the petitioner and S.C.-III, Ceiling for the State. 3. Petitioner was earlier allowed unit under orders dated 28.5.1976 contained in Annexure-1 but later the proceeding was reopened on 1.8.1989 with reference to the provisions contained in Section 32(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the “Act”) and under - 2 - orders dated 29.5.1992 49 ½ acres of land was declared as surplus. Final publication was made on 20.07.1992 and the notification acquiring the surplus land was published on 6.8.1992. Petitioner challenged those notifications by filing C.W.J.C. No. 9054 of 1992 which was disposed of under orders dated 5.3.1993, Annexure-2 and the notifications issued under Section 11(1) and 15(1) of the Act was quashed with direction to the authorities to reconsider the matter after hearing the petitioner. After remand from the High Court the matter was reconsidered by the authorities and under orders dated 21.11.1994, Annexure-3, 71 acres of land has been declared surplus at the end of the petitioner as he has been allowed only one unit for his father. Against the order passed by the Collector under the Act petitioner preferred appeal which was dismissed and the revision filed against the said order was also dismissed under orders dated 21st December, 1998 passed by the Additional Member, Board of Revenue, as contained in Annexure-4 to this application. Petitioner has challenged the order dated 21.11.1994, Annexure-3 and the resolution of the Board of Revenue dated 21.12.1998, Annexure- 4 by filing the present writ application. - 3 - 4. It is submitted on behalf of the petitioner that besides the unit for his father the authorities aught to have been considered the grant of two more unit, one for the grand father and the other for petitioner himself as the petitioner was born on 17.03.1952 and was adult over 18 years of age on 09.09.1970. In support of the plea for grant of unit for the petitioner learned counsel for the petitioner has relied on the certified copy of the extract from the Birth Register of the year 1952 of Warisnagar P.S., Annexure-5, close perusal whereof indicates that on 17.3.1952 an entry was made in the register that a son was born to Sri Shyam Sundar Singh on 12.3.1952 and with reference to such entry it is submitted that it is with respect to the petitioner. I regret not to accept such entry in the Birth Register as from the Birth Register it appears that on 12.3.1952 son was born to Shyam Sundar Singh and not to Sri Shyam Nandan Prasad Singh, the father of the petitioner, as such, the certified copy of the extract from the Birth Register of 1952 maintained by Warisnagar P.S. relied upon by the petitioner is of no assistance for grant of unit to the petitioner. Petitioner is not entitled for grant of unit for himself as he was not adult and over 18 years of - 4 - age on 09.09.1970. The authorities are, however, certainly required to consider the case for grant of unit for his grand father who according to the petitioner was alive on 09.09.1970. 5. Let the Sub-Divisional Officer, Benipatti, Madhubani consider the case of the petitioner with reference to the materials produced by him that his grand father was alive on 09.09.1970 and if the Sub-Divisional Officer is satisfied that his grand father Sri Jagannath Prasad Singh was alive on 09.09.1970 then one unit be allowed for him and with such modification in the impugned order dated 21.11.1994 and 21.12.1998, Annexures 3 and 4, the writ petition is disposed of. The Patna High Court The 13th day of April, 2010. P.K.P./N.A.F.R. (V.N.Sinha,J.)