RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS. versus THE STATE OF BIHAR AND ORS.

Citation: [1996] SUPP. 6 S.C.R. 514 · Decided: 19-09-1996 · Supreme Court of India · Bench: N.P. SINGH, S.B. MAJMUDAR · Disposal: Dismissed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS. 
B 
v. 
THE STATE OF BIHAR AND ORS. 
SEPTEMBER 19, 1996 
[N.P. SINGH AND S.B. MAJMUDAR, JJ.J· 
Bilzar Land Ref onns (Fixation of Ceiling Area and Acquisition of 
Surplus Land) Act, 1961: 
C 
Sections 2(b), 2(g), 16(3)-Transfer of la11ds to any person other than 
the co-sharer or a raiyat of adjoining land-Right of any co-sharer of the 
transferor or any raiyat holdi11g land adjoi11i11g the land trans/ eJTed, to make 
an application for transfer of the land to him-Held : In view of the fact that 
the lands in question were in the urban area, the High Court lightly rejected 
the application-Appellant pennitted to withdraw the amount deposited by 
D him alo11g with the application-Refund ordered to be made within three 
months. 
E 
F 
G 
Fakir Mohammad v. Salahuddin & Ors., AIR (1975) Patna 119, ap-
proved. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1505 of 
1981. 
From the Judgment and ::lrder dated 15.9.80 of the Patna High Court 
in LP.A. No. 103 of 1980. 
L.R. Singh for the Appellants. 
S.B. Sanyal, S.K. Sinha, R.P. Singh, AK. Pandey for the Respon-
dents. 
The following Order of the Court was delivered : 
This appeal has been filed for setting aside the judgment of the High 
Court, dismissing the application under Section 16(3) of the Bihar Land 
Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 
1961 (hereinafter referred to as the Act) filed on behalf of the appellants, 
H claiming retransfer of the lands which had been transferred by respondent 
514 
RAMJISHARMAv. STATE 
515 
No. 5 in favour of respondent No. 7 through the registered sale deed dated A 
· 30.12.1969. The respondent No. 7 by the aforesaid sale deed purchased 5 
· kathas of land of survey plot No. 610 and 6 kathas 10 dlutrs of land of survey 
plot No. 614 from respondent No.5 for a consideration amount of Rs. 4,600. 
The purchase had been made for construction of house in Mahalia Sah-
jadpur Aderkila within the town of Hajipur. 
An application under sub-section (3) of Section 16 of the Act was 
filed on behalf of the appellants before the Deputy Collector, Land 
Reforms, for a direction that respondent No. 7, the transferee be directed 
to convey the lands purchased by him by executing and registering a deed 
B 
of transfer in favour of the appellants in terms of the said sub-section (3) 
C 
of Section 16. That application was dismissed by the Deputy Collector, 
Land Reforms, on the ground that the lands which had been transferred 
shall not be deemed to be the lands within the meaning of the Act, as such 
. the provisions thereof shall not be applicable. However, an appeal being 
filed on behalf of the appellants, was allowed by the Collector. The 
Member, Board of Revenue, dismissed the Revision Application, filed on D 
behalf of Respondent No. 7 Thereafter, a writ petition was filed on behalf 
of Respondent No. 7, for quashing the orders passed by the Collector and 
the Member, Board of Revenue before the High Court. The High Court 
by the impugned judgment quashed the orders passed by the Collector and 
the Member, Board of Revenue, on a finding that as the lands which had 
been transferred were within the town of Hajipur and were urban in nature, E 
the provisions of the Act shall not be applicable including sub-section (3) 
of Section 16 thereof. This finding of the High Court is being questioned 
in this appeal. 
The Preamble of the Act says that it is an Act to provide for fixation 
of ceiling, restriction on sub-letting and resumption bY\certain raiyats, for 
personal cultivation of land, acquisition of status of raiyc\t by certain under 
raiyats and acquisition of surplus land by the State in the State of Bihar 
and matters connected therewith. Section 2(t) defines land : 
F 
"(t) "land" means land which is used or capable of beirtg used G 
for agriculture or horticulture and includes land which is an or-
chard Kharhur or pasturage (or forest land or even land. peren-
nially submerged under water) or the homestead of the 
land-holder; 
Explanation I. - "Homestead" means a dwelling house for the H 
' 
A 
B 
c 
516 
SUPREME COURT REPORTS [1996] SUPP. 6 S.C.R. 
purpose of living or for the purpose of letting out on rent together 
with any courtyard, compound, attach~d garden, orchard and 
out-building and includes any outbuilding of the purpo.;e con-
nected with agriculture or horticulture and any tank, liberary and 
place of worship appertaining to such dwelling house.
Excerpt shown. Read the full judgment & AI analysis in Lexace.