Patna High Court - Orders
Ganesh Prasad Singh & Ors vs The State Of Bihar & Ors on 12 January, 2009
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.154 of 2006
1. Ganesh Prasad Singh S/o Late Brahmdeo Singh
2. Arbind Kumar Singh
3. Mukund Kumar Singh Both sons of Sri Ganesh Prasad Singh
All resident of village Bengabitole Dhang, P.S.
Majerganj, Distirct Sitamarhi
.... Appellants
VERSUS
1. The State of Bihar
2. Addl. Member, Board of Revenue, Patna
3. Collector, East Champaran at Motihari
4. Addl. Collector, East Champaran at Motihari
5. Anchal Adhikari, Majorganj, District Sitamarhi
6. Anchal Adhikari, Bairgania, District Sitamarhi
7. Anchal Adhikari, Bathnaha, District Sitamarhi
8. Anchal Adhikari, Gorasahan, District East Champaran
9. Anchal Adhikari, Chiraiya, District East Champaran
10. Anchal Adhikari, Motihari, District East Champaran
.... Respondents.
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4 12.1.2009Heard learned counsel for the appellants and learned counsel for the State.
We do not find any law point involved in this appeal. The matter stands concluded by the findings of fact to which the learned single Judge has referred in the last but one page of his judgment that petitioner no.1 had filed an affidavit that his son Arbind Kumar Singh (petitioner no.2) was born on 29.11.1967 and his other son Mukund Kumar Singh (petitioner no.3) was born on 1.4.1970.
On behalf of the appellants it was suggested that 9.9.1970 is not the crucial date and the crucial date for determining units to which the family may be entitled is the 2 date of initiation of proceeding.
The law is well settled that in order to claim an independent unit the claimant must be a major on 9.9.1970. In that view of the matter, we find no infirmity in the order under appeal because only point urged before us is that extra units should be allotted to the petitioners.
The appeal is dismissed.
(Shiva Kirti Singh, J.) (Shyam Kishore Sharma, J.) sk