LAWS(PAT)-2010-11-159

CHAILAHA GOSHALA Vs. STATE OF BIHARQ

Decided On November 25, 2010
Chailaha Goshala, A "Goshala" Duly Registered Under The Provisions of The Bihar Goshala Act, through its Secretary, Jai Prakash Narain Agrawal, Son of Late Kailash Prasad Agrawal and Appellant
V/S
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

(1.) HEARD the parties.

(2.) IT has been further found that the claims of the Appellants that they are independent Goshalas are not correct. They are only units of Muzaffarpur Goshala or institutions created under it which have no existence and status as Goshala under the aforesaid Act and they are not land holders.

(3.) HAVING given our anxious consideration to the relevant facts, we are unable to accept the submission on behalf of the Appellants that relief is possible to be given to the Appellants on account of aforesaid two issues. Once it is accepted that the Appellants are not Goshalas established under the Bihar Goshala Act, 1950 they cannot be entitled for any exemption under the provisions of Section 29 of the Ceiling Act. In that view of the matter, the Appellants do not have any locus to raise any grievance in respect of non holding of a proper enquiry contemplated under the Notification dated 15th December 1970 contained in Annexure -12. That enquiry procedure is only available to a Goshala established under the Bihar Goshala Act, 1950.