BEDABALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this case Sm. Bedabala Devi alleges that her father Maharaj Kumar Mahima Niranjan Chakravarty executed a will dated 29-9-1929, wherein; he appointed the Official Trustee of Bengal to hold certain properties under trust for charitable & religious purpose. THE petitioner instituted an Administration Suit in the Original Side of the Calcutta High Court against the Official Trustee of Bengal. A compromise was effected between the parties, as a result of which a scheme was sanctioned by the Court and the petitioner was appointed Trustee in respect of touzi Nos. 551/9 and 608/1. As regards touzi No. 551/9 the petitioner was granted full right of ownership in lieu of arrear of maintenance. It is stated in the affidavit that the State Government in exercise of the powers conferred by Section 3 (1) of the Bihar Land Reforms Act has issued a notification declaring that title to the touais had vested in the State Government.

(2.) THE petitioner alleges that the notification is illegal and beyond the ambit of the jurisdiction of the State Government. THE petitioner asks that a writ in the nature of mandamus should be issued commanding the State of Bihar and the Deputy Commissioner of Santal parganas not to take possession of the estates which have been notified.

(3.) IT is manifest that the Bihar Land Reforms Act is validly applicable to all portions of the Santal parganas district, which have been declared to be scheduled Area. IT is manifest that the provisions of Regulation III of 1872 have been repealed by necessary implication as a result of the enactment of the fifth schedule of the Constitution and the argument of Mr. Sinha on this part of the case must fail.