MOHAN PATHAK Vs. ADDITIONAL MEMBER,BOARD OF REVENUE

JUDGEMENT

(1.) The question posed before this Full Bench arises out of a reference made by a Division Bench vide order 3rd of January, 1987 expressing reservations about the observations made by another Division Bench in the case of Deosagar Singh and Ors. vs. The State reported in, 1979 BBCJ 589 decided on 26.03.1979 describing the same to be unwarranted. Doubting the correctness of the observations as highlighted hereinafter, the Division Bench was of the opinion that the matter requires resolution by a Larger Bench.

(2.) The correctness that has been doubted is in relation to the provisions of Section 5(1)(ii) and (iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 as was amended under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1972 (Bihar Act No. 1 of 1973) which came into force w.e.f. 9th September, 1970. The said provisions were further amended w.e.f. 29.04.1982 under Bihar Act No. 55 of 1982.

(3.) The reference order was made on 3rd of January, 1987. It is therefore necessary to observe that the answer to be given by this Court would be in relation to the law as it stood then. The interpretation sought is in relation to transactions entered into after 9th of September, 1970.