BIJENDRAPRASADYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition is directed against the order dated 10.11.1995 passed by the Collector, Purnea, on an application of the petitioner under Section 37 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter mentioned as 'the Act') registered as Misc. Ceiling Case No. 38 of 1993 holding that in view of deletion of Section 37 of the Act by Section 3 of the Bihar Ordinance 20 of 1995, the authority of the Collector to consider the application under Section 37 has come to an end.

(2.) Being aggrieved by the inclusion of the plots of land he purchased from different persons, in the total area of land declared surplus in the hands of one Sita Devi under the provisions of the Act for the purpose of acquisition as per notification dated 20.5.1992 published in Purnea District Gazette, dated 25.5.1992, the petitioner approached this Court in C.W.J.C. No. 320 of 1993 for necessary relief. This Court, by order dated 21.1.1993, disposed of the petition with the observation that the petitioner might file an application under Section 37 of the Act within three weeks from the date of receipt of copy of the order and the Collector would dispose of the said application within four weeks thereafter. The petitioner accordingly filed an application under Section 37 of the Act on 15.2.1993 which was registered as Misc. Ceiling Case No. 38 of 1993. The Collector did not dispose of the said application and the application remained pending disposal for a long time. In the meantime by Section 3 of the Bihar Ordinance 20 of 1995, provision of Section 37 of the Act was deleted.

(3.) From a perusal of provision of Section 3 of the Bihar Ordinance 20 of 1995, it is apparent that Section 37 of the Act was deleted prospectively and not retrospectively. The question arises whether the petitioner's right of necessary relief in the application under Section 37 of the Act filed prior to coming into force of Ordinance No. 20 of 1995 has disappeared or not.