LAWS(PAT)-2003-9-54

BRAJ KISHORE SINGH Vs. STATE OF BIHAR

Decided On September 18, 2003
BRAJ KISHORE SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS is a very. important matter, which relates to agrarian reforms. The petition, as a public interest litigation, informs the court that despite the abolition of zamindari and the enactment, the Bihar Land Reforms Act, 1950, the land tenure system has not been systematically recorded and if any land records have been maintained it is under the Bihar Tenancy Act, 1885. It is also submitted that even the practice of keeping the land records between these two enactments has gone out of practice and confusion prevails.

(2.) NOT to be ignored is the aspect on which this court has already taken judicial notice on the halt of the consolidation operations despite the fact that State of Bihar had enacted the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956. The notification by which the consolidation has been halted was during the earlier part of nineties. Stopping consolidation did not improve matters. Instead, it set back agrarian reforms.

(3.) NOT pushing land reforms leads to frustration and anarchy and encouraging feudalism to linger. Bihar was the first State to abolish zamindari, but the Bihar Land Reforms Act, 1950 rusts. The agrarian revolution never came. In an another variation the zamindar is around. The next upheaval the State will not be able to contain.