LAWS(PAT)-2003-4-87

NAZARETH ACADEMY Vs. STATE OF BIHAR

Decided On April 10, 2003
Nazareth Academy Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) NAZARETH Academy Society is a Society registered under the Societies Registration Act, 1860. The Society has set up a school at Gaya under the name of Nazareth Academy. The school being represented by its Principal Sister Reena Theruvan is the petitioner before this court.

(2.) THE school building and the grounds are situate on plot nos. 197. and 198 under Khata nos. 128 and 114 respectively. The total area of the two plots is shown as 2.74 acres. The revenue authorities, in purported exercise of powers under section 23(4) of the Bihar Tenancy Act, 1885 , have fixed the annual rent of the two plots at Rs. 1,64,400/ - on the plea that the land was not being used for agricultural purposes but was used for running a private school for the past about twenty years.

(3.) THE proceeding under section 23(4) of the Act was initiated on the basis of a notice issued by the Circle Officer, Gaya on 3.7.1989. In this notice, it was stated that the land was being used for the purpose of a school. In response to the notice, the petitioner filed its show cause in which it was stated that on the land in question the Society was running an educational institution for religious and charitable purposes and hence, the notice issued under section 23(4) of the Act was quite unwarranted and uncalled for. From the orders passed in the proceeding, it appears that though it was repeatedly noticed that the land in question was being used for the purpose of a school, the show cause filed by the petitioner was found to be without any substance and accordingly, the commercial rent of the land was fixed at Rs. 1,64,4000/ - annually.