LAWS(PAT)-2011-1-23

STATE OF BIHAR Vs. UNION OF INDIA

Decided On January 18, 2011
STATE OF BIHAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In the instant writ application the petitioner- State of Bihar has prayed for quashing the order dated 27.12.83, passed by the learned Member, Board of Revenue, Bihar, in Revision Case No.95 of 1978, whereby he has set aside the order dated 28.1.76 (Annexure-2), passed by the Certificate Officer in Certificate Case No.24/ 75-76. subsequently numbered as Dumka Case No.31/69-70, as well as the order dated 27.11.76 in Certificate Appeal No.23/75-76 (Annexure-3) passed by Dy. Commissioner, Santhal Pargana, and also order dt. 16.1.78 (Annexure-4) of the learned Commissioner, Bhagalpur in S.P. Revision Case No.9 of 1976-77, whereby the respondent Union of India was directed to pay the certificate dues.

(2.) The State of Bihar has assailed the impugned order of the Member, Board of Revenue on the ground of same being violative of statutory provisions of Bihar Land Reforms Act, 1950, the Land Acquisition Act and Bihar Minor Mineral Concession Rules, 1964 and 1972.

(3.) Before we take up the issues involved and points pressed by writ petitioner, it would be necessary to notice the facts of the case in some detail.