STATE OF BIHAR Vs. BISHNU CHAND LAL CHAUDHARY

JUDGEMENT

(1.) This appeal by certificate under Article 133(1)(a) of the Constitution arises out of an action in tort for damages for trespass and unauthorised interference by the defendants with the proprietary interest of the plaintiff. The defendants were the State of Bihar and J. P. Mukherjee, an officer in the service of the Bihar Government.

(2.) The plaintiff, Prithwi Chand Lall Choudhary was the karta of a Hindu joint family which owned extensive properties collectively known as the "Raj Nazarganj". The said properties were spread over the District of Purnea and some other districts in the State of Bihar as also in the State of West Bengal. The plaintiff was the recorded proprietor of several tauzis situated in the Districts of Purnea and Monghyr and also the proprietor of several tenures and patnis within the said Districts. The plaintiff was liable to pay about Rs. 2,50,000/- by way of taxes, cesses etc. annually.

(3.) In the year 1949, the Bihar Legislature passed a law known as the Bihar State Management of Estates and Tenures Act, 1949 (Bihar Act XXI of 1949) (hereinafter referred to as 'the Act') to provide for the management of estates and tenures in the Province of Bihar. It received the assent of the Governor-General on September 29, 1949 and was published in the Bihar Gazette Extraordinary of October 17, 1949. On the coming into force of the Constitution on January 26, 1950, the Act was certified by the President in exercise of his powers conferred by Article 31(6) of the Constitution. The said certificate which was published in Notification No, 43/3/50-Judicial dated March 11, 1950 read as follows: