RAM NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These seven applications by the landlords under Articles 226 and 227 of the Constitution of India raise a common question as to vires of Section 48-E of the Bihar Tenancy Act (Act No. VIII of 1885) as amended by the Bihar Tenancy (Amendment) Act, 1970 (Act No. VIII of 1970). Therefore, they have all been heard together and are being disposed of by a common judgment.

(2.) Decision of the question whether Section 48-E of the Bihar Tenancy Act, as it now stands, is ultra vires or not does not depend on the facts stated in the petitions. Therefore, I do not propose to state the facts alleged by the petitioners in different writ applications at this stage. I would first deal with various contentions of learned counsel for the parties against and for the vires of the said section and thereafter briefly state facts of each case and also deal with any additional point arising for decision in them.

(3.) Section 48-A, as inserted by Section 4 of the Bihar Tenancy (Second Amendment) Act, 1955 (Bihar Act 24 of 1955), read as follows:--