LAWS(SC)-1971-1-6

RUKUMANAND BAIROLIYA Vs. STATE OF BIHAR

Decided On January 05, 1971
RUKUMANAND BAIROLIYA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Patna High Court by which a petition under Articles 226 and 227 of the Constitution filed by the appellant was dismissed.

(2.) The disputed land belonged originally to one Anwar Ali Khan. His heirs gifted it to Mustaque Ali Khan. It was recorded as Ghairmazrua orchard. Mustaque Ali Khan settled this land and some other land with Mohini Devi, the mother of the appellant, by a registered patta dated June 19, 1946 on annual rental of Rs. 236/8/6 for the construction of houses thereon which could be rented out. The estate of Mustaque Ali Khan vested in the State of Bihar under the Bihar Land Reforms Act, 1950, hereinafter called the "Act". Mohini Devi created a trust in the name of her deceased husband of which the appellant was the Secretary. The disputed land continued to remain in his possession in that capacity. In 1956-57 proceedings were started for the acquisition of the disputed land for extension of the Darbhanga Medical College. An amount of Rs 12,689/2/- was assessed as compensation for the property which had been acquired and an award was made in the joint names of the appellant and the State of Bihar. Because the appellant objected to the inclusion of the State in the award he sought a reference under S. 30 of the Land Acquisition Act. That reference was pending in the court of the District Judge, Darbhanga when on April 16, 1960 proceedings under S. 4 (b) of the Act were started in respect of the disputed land. On April 25, 1961 the Land Reforms Deputy Collector made an order that the settlement of the disputed land with Mohini Devi in 1946 by Mustaque Ali Khan was invalid and that it should be annulled. This order was confirmed by the Collector of Darbhanga on May 25, 1962. The appellant moved the Commissioner for setting aside of the aforesaid orders but without any success. He then filed a petition under Arts. 226 and 227 of the Constitution challenging those orders. The High Court referred to the following part of the order of the Commissioner.

(3.) Section 4 of the Act relates to the consequences of the vesting of an estate or tenure in the State. Under clause (b) of that section the Collector has been empowered to make inquiries in respect of any transfer including the settlement or lease of any land comprised in such estate or tenure or the transfer of any kind of interest in any building etc. and if he is satisfied that such transfer was made at any time after the first of January 1946, with the object of defeating any provisions of the Act or causing loss to the State or obtaining higher compensation thereunder, the Collector may, after giving reasonable notice, annul such transfer and dispossess the person claiming under it. The order of the Deputy Collector as well as the Commissioner says that both the authorities were considerably influenced by the rental of Rs. 3/- per katha at which the settlement had been made. The High Court also was of the view that this fact weighed with the authorities among other considerations in coming to the conclusion that the settlement had been made with a view to causing considerable loss to the State Government. In our opinion neither the revenue authorities nor the High Court took into consideration the absence of any proof having been adduced with regard to the actual rate of settlement prevailing at the time when the settlement of the disputed land was made. We are altogether unable to understand how the rate of Rs. 3,/- per katha was considered to be very low when no material had been produced to show what the current rate of rental prevailing at the relevant time was of land similar to the disputed land. Therefore one of the principal matters which weighed with the authorities and the High Court was based on pure assumptions and conjectures and on no evidence whatsoever. On this ground alone the impugned orders should have been quashed.