BIBI SAYEEDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted in SLP (C) No. 7495/85.

(2.) These appeals by certificate granted by Patna High Court under Articles 133 (1) and 134-A of the Constitution arise from judgment and order of the Full Bench made on November 16, 1984 in CWJC No. 45 of 1968 and batch (reported in AIR 1985 Patna 77.) They raise common substantial question of law as to the meaning of the word "Bazar", namely, "Tilak Babu Hatia" in Bhagalpur, "Hastings Bazar" in Piro, "Gudari Katra Bazar" in Arrah and "Patna Market" in Patna, within the meaning of Section 4 (a) of the Bihar Land Reforms Act 30 of 1950 (for short, the 'Act;). The facts in Civil Appeal No. 5046 of 1984 are sufficient for decision. Hence, they are stated as under:

(3.) Municipal plot Nos. 351 etc., with construction standing thereon along with Zamindari interest held therein, were transferred to S. Sayed Hajder Imam father of Sayed Abid Imam by his predecessor Zamindar. Sayed Hasan Imam had constructed several shops in 4 plots of the land and let them out to diverse tenants on monthly rentals. There are as many as 132 shops known as Patna Market in Patna. The estate has been given Touzi No. I-21 by the Collector at Patna. Notification under Sections 3, 3-A and 3-B of the Act were published on January 1, 1956. The Deputy Collector, Land Reforms after following the procedure under the Act by order Dated August 5, 1968 had held that the buildings stood vested in the State. On appeal, the Additional Collector by Order Dated August 10, 1968 dismissed the appeal. The appellant, Sayed Hasan Imam filed a writ petition in the High Court which was dismissed by the Full Bench. Pending appeal, he died and his legal representatives have been brought on record.