GOSHALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question which falls for decision before this Court in this writ petition is whether a Goshala' is entitled to the statutory exemption from the Ceiling Law as provided in Chapter-XI under Section 29(b)(v) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act). Section 29(b) (v) of the said Act is set out below;

(2.) On a plain -reading of the said Section it appears that the exemption under the aforesaid provisions is available only to such public or charitable bodies as are running educational institutions, hospitals, maternity homes and orphanages to the extent notified by the state Government. In order to enjoy such exemption, the bodies must also continue as such.

(3.) Therefore, the exemption is not available to all Public or Charitable bodies but only to those bodies who carry on certain types of activities mentioned in Clause (v) namely, running educational institution, hospitals, maternity homes and orphanages.