MUSO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE admitted fact on the present petition is that the petitioner is running a saw -mill. In these circumstances, the petitioner has been saddled with commercial rent.

(2.) THE contention of the petitioner is that the provisions of the Bihar Tenancy (Amendment) Act, 1993 be declared as ultravires. The basis for this submission is that the amendment which has been made to the Bihar Tenancy Act, 1885 cannot be reconciled. The question whether it can be reconciled will depend upon the facts and circumstances, on his own -showing the demand which has been made from the petitioner, reference paragraph 2(e) of the petition is from 1993 -94 to 2001 to 2002.

(3.) IN the circumstances, merely by making a statement would not render the Act ultravires. Then, sufficient material is not before the court that notice be issued for declaring the Act as ultravires. Of the assessment which has been caused on a show cause notice to the petitioner, clearly an appeal is provided under, sub -section (5) of Section 23 of the Act and the petitioner may take recourse to this alternate remedy provided an appeal is filed within 30 days from today.