BIPIN BIHARI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these three cases are involved important questions of law as to the interpretation of certain provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) hereinafter called the Act. The facts of the three cases are also identical. They have been heard together and are being disposed of by this common judgment.

(2.) I shall state the necessary facts from the file of C. W. J. C. 2019 of 1970. The petitioner's case is that a public notice as contemplated under Section 6 of the Act seems to have been published calling upon land-holders in the district of Monghyr to submit returns. But the petitioner was not aware of any such publication of the notice under Section 6. On the 22nd of November 1970 he received a notice signed by the Sub-divisional Officer, Begusarai, acting as Collector under the Act, calling upon him to show cause why the excess land in his possession should not be acquired under Section 38 of the Act. A copy of this notice is annexure 1 to the writ application. The petitioner filed a petition on 27-11-1970 before respondent No. 2 challenging the validity of certain provisions of the Act and the proposed action to be taken under Section 38 of the Act. A copy of this petition is annexure 2. Respondent No 2 rejected this petition by his order dt. 30-11-1970 (annexure 3). The petitioner challenges the legality and validity of the notice (annexure 1) and the order (annexure 3) on several grounds to be discussed hereinafter.

(3.) After admission of this application, the petitioner filed a petition before respondent No. 2 on 7-1-1971 for extension of time for filing return under Section 6 of the Act. A copy of this petition is annexure 5 and the order refusing to extend time made by respondent No. 2 is dated 7-1-1971 (annexure 4). Later on, the petitioner has filed a supplementary affidavit on 22-3-1971 attaching with it an order of the Collector as also of respondent No. 2 acting as the Collector under the Act made on 28-10-1970 (annexure 7) on the basis of the Government letter dated the 1st/3rd August, 1970 (annexure 8), and the stand on the basis of these two documents is that impugned action and the order was taken and made by respondent No. 2 not in exercise of his own judicial discretion but under coercion of the Government direction contained in annexure 8.