GOBARDHAN GOSHALA RAKHWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, Gobardhan Goshala Rakhwari, has filed this application under Articles 22i6 and 227 of the Constitution of India for quashing annexures 1, 3 and 4 to the writ application, Annexure-1 is the order of the Collector rejecting a petition made by the petitioner under Section 10 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be called "the Act"). Annexure-3 is the order of the Board of Revenue dismissing the appeal against the order of the Collector. Annexure-4 is the Gazette notification under Section 29 (1) (b) (v) of the Act.

(2.) The petitioner is a registered Goshala under the Societies Registration Act as well as under the Bihar Goshala Act, 1950. The petitioner is in possession of lands for the maintenance of Goshala. A Ceiling Case No. 2 of 1975-76 was initiated in the name of the petitioner under the Act. The petitioner submitted a return to say that the institution possessed 284 bighas of land. A draft statement under Section 10 of the Act was prepared which, however, shows that according to the Revenue authorities the petitioner-Goshala was in possession of 307.07 acres of land. That every draft statement showed that the petitioner Goshala was allowed to retain 60.15 acres of land and the remaining portion measuring about 246.92 acres was declared excess. When the draft statement was served on the petitioner an objection under Section 10 (3) of the Act was filed giving the details of requirement of the Goshala and thereby objecting to the declaration of the excess land. The Collector of Madhubani rejected the objection as will appear from Annexure 1 to the application. Being aggrieved by that order the petitioner preferred an appeal under Section 30 of Act before the Board of Revenue which also was dismissed (vide Annex. 3). Annex. 4 as has been said above is a Gazette Notification which only shows that only 60.15 acres of land detailed therein was exempted from the operation of the Act.

(3.) The Act has fixed ceiling area for a "family" and according to Section 5 of the Act it is not lawful for a family to hold land in excess of ceiling area except as provided under this Act. This general law, however, does not apply in cases where lands are held by Universities, hospitals, orphanages or similar institutions because they do not come under the definition of "family", given in Section 2 (ee) of the Act. The Act, therefore, has provided for exempting these institutions from the operation of the Act but only to the extent of the land which would be notified for the purposes of exemption. This is provided for under Section 29 (1) (b) (v) of the Act which would run as follows:--