MAHANTH RAM DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, and JC to learned SC (Ceiling).

(2.) THE petitioner claims to be a religious institution of public nature. It had filed an application on 5 -12 -1977 under Sec. 29(2)(a)(ii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act before the authorities under the Act, seeking exemption of lands to the extent of 15 acres from the operation of the Act. The matter remained pending with the Government and no decision was taken. The petitioner was compelled to move this Court in CWJC No. 19939 of 1996, which was dismissed. Aggrieved by the same, the petitioner moved this Court in LPA No. 1286 of 1996 Mohanth Ram Das V/s. State of Bihar, which was disposed of by a Division Bench on 30 -9 -1997 (Annexure -7), whereby the State Government was directed to dispose of the petitioners said application on merits after taking into account the two reports of the Collector of the district. The petitioner has now moved the present writ petition making a grievance that in spite of the said order of this Court in the Letters Patent Appeal, the State Government has not taken a final decision on the petitioners application in terms of Sec. 29(2)(a)(ii) of the Act.

(3.) LEARNED Standing Counsel (Ceiling) submits in opposition that the provision of Sec. 29(2)(a)(ii) has since been deleted by Bihar Act 8 of 1997. The quondam Sec. 29(2)(a)(ii) of the Act is set out hereinbelow for the facility of quick reference: