KAMAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Chandra Shekhar Prasad Singh for the petitioner and Mr. Kameshwar Prasad Gupta, learned Standing Counsel No.5 for the respondents. The writ petition has been preferred for direction to the respondent authorities to make payment of perpetual annuity to the four Trusts created by the ancestors of the petitioner, and for certain ancillary reliefs.

(2.) ACCORDING to the writ petition, the petitioner's estate, popularly known as Dumraon Raj, had vested in the State of Bihar in terms of the Bihar Land Reforms Act, 1950 (hereinafter to be referred to as 'the Act'). Dumraon Raj had created the following four Trusts: -

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to me that the State Government has found the four Trusts to be genuine and the deeds have been acted upon. Therefore, the initial exercise of assessing the amount of annuity per annum on ad interim basis was, after full consideration of the matter, converted into perpetual annuity separately assessed for each trust in terms of Section, 24(3) of the Act. The limited materials placed before me indicate that the payments are being made spasmodically to the discomfiture of the trusts.