AWADH BIHARI SHARAN Vs. STATE OF U P

JUDGEMENT

(1.) These two applications have been heared together in pursuance of an order to that effect and in view of the questions arising therein being common. They are directed against two similar orders passed by the court below by which it has returned the plaint of two suits to be filed in a proper court on the ground that they were beyond the jurisdiction of that Court.

(2.) It is necessary to state that river Ghaghra and Ganga intervene some parts of the territories of the States of Uttar Pradesh and Bihar. The midstream is taken to be the boundary between the two States. It has on account of the inherent changing nature of the boundary line, to be determined from year to year. On a court of the process of alluvion and diluvion the territories either became or cease to be the territories of one or the other State. In order to remove this constant difficulty came to be passed the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (hereinafter referred to as 'the Act)'. The provisions of this Aact enabled fixation of permanent boundaries between the two States by fixing pillars in the river and not leaving the midstream boundary to be determined from year to year.

(3.) According to the petitioners who are plaintiffs in the suits of which I am going to speak hereafter, there are certain lands belonging to them situate in village Mahazi Adh-Sijhua which at the relevant time (the time of filing of the suits) appeartained to the State of Bihar. The State of Uttar Pradesh, however, on the basis of the claim that the lands formed part of the territory of their State acquired some of the lands as beyond the prescribed ceiling area allowed under the Uttar Pradesh Act I of 1961. Further in respect of those lands, Agricultural Income Tax under the Uttar Pradesh Act XII of 1962 was levied on the petitioners. Being aggrieved with this the petitioners filed two title suits for declaration that the lands appertain to the State of Bihar and the State of Uttar Pradesh has no jurisdiction either to acquire the lands under the Act aforesaid or to levy Agricultural Income Tax on the basis of the other Act mentioned above and for the necessary reliefs in that respect.