CHINTAMANI SHARAN NATH SAHADEO Vs. STATE

JUDGEMENT

(1.) Petitioner has prayed for issuance of appropriate writ for quashing annexure-9 order dated 14-3-1983 by which respondent No. 2, Member Board of Revenue, directed that compensation case of the petitioner under the Bihar Land Reforms Act, 1950 (the Act for short) be re-opened and the petitioner be noticed to refund the excess compensation of Rupees twenty five lakhs eighty seven thousand and three hundred paid to him. The petitioner has also prayed for quashing annexure-10, notice dated 23-3-1983 issued by respondent No. 3, Deputy Commissioner, asking the petitioner to refund the aforesaid sum. The petitioner filed an application on 4-10-1983 for amendment of the writ petition and in that he challenged the validity of the certificate case levied for recovery of the amount. That was allowed. The validity of the certificate case No. 6M of 1983-84 is also under challenge.

(2.) The admitted facts are that the petitioner is a proprietor within the meaning of the Act. His interest in the estate including the subsisting lease of mines and minerals, under which he was the lessor, vested in the State of Bihar. A proceeding for payment of compensation to the petitioner was initiated under Chapter-V of the Act. That was registered as Compensation Case No. 1 / R/8 of 1951-52. Assessment roll dated 12-6-1978 was finally published under Section 28 of the Act for a sum of Rupees four lakhs twenty five thousand five hundred twenty seven and paise fifty as evidenced by annexure-A to the counter- affidavit filed on behalf of the respondents. Payment was made under Section 32 of the Act to the petitioner in the form of bond and he accepted it.

(3.) On an application filed by the petitioner (annexure-4) assessment roll was revised and a fresh roll was prepared on 3-11-1979, copy of which is annexure-5 to the writ petition and total compensation assessed was Rs. 46,66,014..76 calculated at three times net annual income. This included the amount of Rupees four lakhs and odd as shown in annexure-A. This amount in the form of bond was also received by the petitioner.