RADHA KRISHNA TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Writ petition had been made a part of a bunch of cases by which matters relating to the exemption which could or could not be granted under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 had been challenged. Several petitioners including the present one had challenged certain provisions of the Act, in effect, contending that the provisions of the Act aforesaid are ultra vires to the Constitution.

(2.) MAKING an attack straightaway on the vires of a legislation when the Act itself may have provided a self mechanism for redress, may not be an appropriate step. In the circumstances, the first question which the Court asked was whether a return as is contemplated under Section 6 of the Act had been filed. The reason the Court made this inquiry was because nothing had been averred in the writ petition whether the petitioner had filed the return contemplated under Section 6 of the Act and an adjournment was sought by counsel for the petitioner to receive instructions and in case the returns were filed to lay the returns before the Court. Today a supplementary affidavit has been filed and it is accepted that the petitioner had filed the returns under Section 6 of the Act. In fact, what is appended as the order of the Collector, Madhubani dated TO January, 1977 is upon the returns which were filed by the petitioner.

(3.) IT is, thus, that counsel for the petitioner made a submission that he is dropping the plea of challenging the vires of the Act and the matter may be examined on the record as has been presented. After the matter had been considered for some length, it was accepted that against the order dated 10 January, 1977, Annexure 3 to the writ petition, a revision lies.