COLLECTOR OF MONGHYR Vs. KESHAV PRASAD GOENKA

JUDGEMENT

(1.) These three batches of appeals are before us by virtue of special leave and have been heard together because of the common point raised in them which relates to the proper construction of S. 5A of the Bihar Private Irrigation Works Act, 1922 (Bihar and Orissa Act 5 of 1922) which will be hereafter referred to as the Act. The State of Bihar which is the appellant in these appeals questions the correctness of the orders of the High Court by which a number of writ petitions filed by landlords challenging the legality of demands for contribution made on them under S. 11 of the Act were allowed by the High Court of Patna.

(2.) For the purposes of the decision of these appeals it is not necessary to state the detailed facts of any of the cases but it is sufficient if a reference were made to any one of the orders passed under S. 5A of the Act which was the basis of the demand for contribution which was successfully impugned, since it is common ground that every one of these orders concerned in the several appeals was subject to one infirmity to which we shall presently refer and that is sufficient to dispose of these appeals.

(3.) Before setting out in brief outline the facts which led to the present proceedings it would be convenient to refer to the relevant provisions of the Act. The preamble to the Act reads: