MANORANJAN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER a draft statement was prepared, an objection was filed. After the same was disposed of by an order, the draft statement was finally published u/s. 11(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. After disposal of the objection, an appeal was preferred and after the appeal was dismissed, the matter went before the revisional authority. The revisional authority set aside the order of the appellate authority and remitted back the matter to the appellate authority. The Collector, being the appellate authority, transferred the appeal for hearing before the Additional Collector, namely, the original authority. This, however, was done without setting aside the order passed by the original authority, whereby the objection was disposed of. The matter rested there. The logical conclusion therefore, would be that the appeal was pending, but before an incompetent authority. While the appeal was thus pending, on 9th April, 1981 the Act was amended, whereby, amongst others, Ss. 32A and 32B were inserted in the Act. Those are as follows: '' "32A. Abatement of appeal, revision, review or reference ''An appeal, revision, review or reference other than those arising out of orders passed u/s. 8 or sub -sec. (3) of Sec. 16 pending before any authority on the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act 1982, shall abate: Provided that on such abatement, the Collector shall proceed with the case afresh in accordance with the provisions of Sec. 10: Provided further that such appeal, revision, review or reference arising out of orders passed u/s. 8 or sub -sec. (3) of Sec. 16 as has abated u/s. 13 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land (Amendment) Ordinance, 1981 (Bihar Ordinance no. 66 of 1981) shall stand automatically restored before the proper authority on the commencement of this Act. 32B. Initiation of fresh proceeding '' All these proceedings, other than appeal, revision, review or reference referred to in Sec. 32A pending on the date of the commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land ) (Amendment) Act, 1982, and in which final publication under sub -sec. (1) of Sec. 11 of the Act as it stood before the amendment by aforesaid Act, had not been made, shall be disposed of afresh in accordance with the provisions of Sec. 10 of the Act."

(2.) SUBSEQUENT thereto fresh steps were taken to conclude the matter. Being aggrieved by the same, the appellant approached the Writ Court and contended that inasmuch as draft statement has been finally published u/s. 11(1) of the Act in view of Sec. 32B of the Act, the matter cannot be disposed of afresh as was sought to be done by the authority concerned.The Writ petition having been dismissed on the ground that Sec. 11 of the Act has no relevance, the present appeal has been preferred.

(3.) THE legislature has inserted two separate sections, namely, Ss. 32A and 32B in order to clarify the matter. In Sec. 32A it has provided that if an appeal is pending as on 9.04.1981 the appeal will stand abated and the Collector shall proceed with the case afresh in accordance with the provisions of Sec. 10 of the Act. At the same time it has provided in Sec. 32B of the Act that if no appeal is pending, but draft statement has been published finally u/s. 11 of the Act, no fresh disposal is required, for the matter has reached finality.