STATE OF BIHAR Vs. SHARDA PRASHAD RAI

JUDGEMENT

(1.) This appeal by the State of Bihar and Others is from the judgment and order of the High Court of Patna in CWJC No. 2814 of 1982 dated May 20, 1983.

(2.) The question raised in this appeal is a short question, namely, whether proceedings initiated by the appellants under Section 4 (h) of the Bihar Land Reforms Act, 1950, but subsequently dropped, would bar initiation of proceedings under Section 4 (g) of the said Act.

(3.) The respondents are the legal heirs of the original lessee of an extent of 387 bighas 16 kathas and 8 dhurs of land situated in Mauza Hajipur Bishrampur, Parganas Teliagarhi, Sub Division Rajmahal, Thana Sahibganj, District Dumka, Bihar State, under Kabuliyat executed in favour of one F. H. Kurtis on January 24, 1919. After coming into force of the Bihar Land Reforms Act, 1950 (for short the Act) , the Collector initiated proceeding under Section 4 (h) of the Act in Miscellaneous Case No. 14 of 1954-55 which was dropped on December 13, 1955. Again proceeding under the same provision was initiated in Case No. 1 of 1963-64 but that was also dropped on April 17, 1965. The present litigation commenced with issuance of notice under Section 4 (g) of the Act. After affording opportunity of being heard to the respondents, the Deputy Collector, in charge Land Reforms and Development, Sahib Ganj, eventually dropped the proceedings by order dated August 17,1970. The appellants challenged the validity of that order before the Deputy Commissioner, Santhal Parganas, Dumka, who held that the earlier initiation of proceedings under Section 4 (h) of the Act did not debar the State from taking action under Section 4 (g) of the Act and thus allowed the appeal of the appellants on 13.7.1982. The respondents assailed the validity of that order of the Deputy Commissioner before the High Court in Writ Petition No. 2814 of 1982 which was allowed and the order impugned in the writ petition was quashed. It is against the said order of the High Court that the State is in appeal before us, by special leave.