BIDYUT KUMAR GANGULLY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is for quashing Annexure 7 notice issued by the Land Reforms Deputy Collector, Bhagalpur (respondent No. 3) directing the petitioner to appear in connection with a proceeding under Section 4(h) of the Bihar Land Reforms Act (hereinafter referred to as the Act), as the matter has been pending adjudication. By the same notice dated 2nd March, 1977 (Annexure) the petitioner had been directed not to sell the land in question and show cause for the same by 25th April, 1977.

(2.) In order to appreciate the points raised in this application, it will be necessary to state some facts. The ancestors of the petitioner were landlords of Colgong in the district of Bhagalpur. His great grandfather Sri Radha Charan Ganguly had purchased the 'Hill House', now commonly known as "Pahar Bungalow", bearing khasra Nos. 1450, 1451, 1466 and 1075 along with other properties for a sum of Rs. 1,00,000/- in the year 1869. The above bungalow was surrounded by a compound wall with three gates and, besides there being a big residential building, there were outhouses for servants, stables and orchard, and the entire property was recorded in the same survey record as "Gairmajrua Milikdar" in possession of the 'Milikdar'. After the formation of the Colgong Municipality, the said bungalow was recorded in the municipality, when the assessment list was prepared under section 105 of the Bihar and Orissa Municipal Act. Thereafter, there was an assessment under section 98 of the said Act. After the vesting of the estate in the year 1955, the aforesaid properties being, 'homestead' remained in the khas possession of the family of the petitioner.

(3.) A temporary Cinema House was being run by the ancestor of the petitioner on a portion of khasra No. 1450. An application for renewal of the Cinema licence was made in 1964, and the Circle Officer, Colgong, objected on the ground that the land on which the Cinema was being run had already vested in the Slate. The then Additional Collector of Bhagalpur, after considering the report of the Circle Officer and all the relevant materials, in a well-reasoned order dated 25th January, 1965 held that the aforesaid land was homestead and, therefore, was saved under section 5 of the Act. A copy of the said order has been filed and marked Annexure 1. Then again, the Revenue Officer, Colgong, sent a note to the Government that the petitioner's ancestor was selling Gairmazarua Malik land out of plot Nos. 1450, 1456 and 1075, and the matter was referred to the Government, under whose direction a fresh proceeding under section 4 (h) was started. Show cause was filed in the aforesaid proceeding, and the learned Additional Collector, Bhagalpur, by order dated 1st July, 1968 dropped the proceeding in view of the fact that Section 4(h) of the Act was not attracted. A copy of the order has been filed and marked Annxure 2.