STATE OF BIHAR Vs. KAMAKHYA NARAIN SINGH

JUDGEMENT

(1.) This proceeding for contempt of Court has been started against the opposite party on a petition filed by the State of Bihar in August, 1962, The relevant facts of the case may be shortly stated.

(2.) The opposite party challenged the validity of the Bihar Land Reforms Act, 1950, and the Patna High Court declared it to be ultra vires of the Constitution as being violative of Article 14, The State Government took an appeal to the Supreme Court. The Constitution was amended during the pendency of that appeal. The amendment conferred immunity upon the Land Reforms Act from attack on the ground that it violated any of the Articles in Part III of the Constitution. The Supreme Court allowed the appeal of the State Government, and held that, but for some minor provisions contained in Sections 4(b) and 23(f) of the Act, it was valid and constitutional

(3.) The opposite party is the ex-proprietor of Ramgarh and Serampur Estates. The State Government issued notification No. 3-L.R./ZAN., dated the 31st October, 1951, in respect of the opposite party's estates with the consequence that the estates vested in the State of Bihar. This notification was published in the Bihar Gazette Extraordinary on the 3rd November, 1951.