AJABLAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case Ajablal Mandal and other petitioners have moved the High Court for grant of a writ in the nature of certiorari under Article 226 of the Constitution for calling up and quashing the order of the State Government No. A/CF/ 2017/54-SS/C-4513 dated 3-4-1954, imposing a collective fine on the inhabitants of certain villages under Section 8(1), Bihar Maintenance of Public Order Act, 1949 (Bihar Act 3 of 1950). The petitioners have further prayed for grant of a writ of mandamus restraining the respondents from taking any steps to realise the collective fine from the petitioners in pursuance of the order of the State Government.

(2.) It appears that on 1-3-1954, there was a wrestling match" organised by the villagers of Kamalpur. A crowd of about five thousand people had assembled in order to witness the wrestling match. It is alleged that a dispute arose between two parties in the course of the wrestling match. There was altercation leading to assault and as a consequence nine persons were killed and thirty-one persons were injured. On the same date at 7-30 p.m. a report was lodged at Nathnagar police station by one Pheku Mian. The matter was investigated by the police and a charge-sheet was submitted against eighteen persons but not against the petitioners. On 3-4-1954, the State Government made an order under Section 8(1) of Bihar Act 3 of 1950 imposing a collective fine of Rs. 8,605/- on the inhabitants of village Koili Khutaha Gadi Tola and eight other villages. The order of the State Government reads as follows:-- 'No. A/CF/2017/54-SS/C-4513. Whereas it appears to the Governor of Bihar that the inhabitants of villages Koili Khutaha-Gaditoia, Gos-saindaspur, Fatehpur, Khobra, Tola Kamalpur, Dogachi, Methurapur, Srisarpur, Hardaspur in P. S. Nathnagar, District Bhagalpur, have been concerned in the commission of offences affecting the public safety and the maintenance of public order and are failing to render all the assistance in their power to apprehend the offenders and are suppressing material evidence of the commission of such offence. Now therefore, the Governor of Bihar Is pleased in exercise of the powers conferred by Sub-section (1) of Section 8, Bihar Maintenance of Public Order Act, 1949 (Bihar Act 3 of 1950) to impose a collective fine of Rs. 8,605/- only on the inhabitants of the said villages as specified in the schedule given below and in exercise of the powers conferred by Sub-section (2) of the said section to exempt from liability to pay any portion of the fine, Government servants, Government pensioners and Muslim residents of all villages and such inhabitants of those villages as may in the opinion of the District Magistrate, Bhagalpur, have assisted the District authorities in maintaining the peace and apprehending the offenders. <FRM>JUDGEMENT_137_AIR(PAT)_1956Html1.htm</FRM>

(3.) In the second week of November, 1954, the District Magistrate of Bhagalpur issued a demand notice against the petitioners asking them to pay the collective fine by 22-11-1954, failing which the amount would be realised by means of warrant. The demand notices are annexure A series to the application. Annexure A reads as follows:--