SK MANZOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . This writ petition has been filed for quashing the entire proceeding in Case No. 15 of 1978 -79, whereby and whereunder, the petitioner was imposed a penalty of Rs. 58,250/ - for non -filing of return within the prescribed period. Prayer has also been made to quash the Certificate Proceeding bearing No. 62 of 1978 -79, which was initiated for non -payment of the fine as imposed upon the petitioner under Section 8(2)(i) of the Bihar Land Ceiling (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, in short 'the Act'.

(2.) , There is no dispute that the petitioner is a land -holder of the lands for which Ceiling Case No. 15 of 1978 -79 was started. The only grievance of the petitioner is that the entire proceeding initiated under Section 8(1) including the order passed under Section 8(2)(i) of the Act, imposing penalty was illegal since there was flagrant violation of the principles of natural justice. Prayer has also been made since the proceedings under Section 8(1) as well as the order imposing fine were itself defective and bad in law, the certificate proceeding for non -payment of Rs. 58,250/ - along with the interest will also have to be held illegal,

(3.) NO counter -affidavit has been filed on behalf of the State to controvert the facts, as alleged above. However, Mr. Alain appearing on behalf of the State contended that petitioner must have genuine notice about filing of the return and the failed to submit return within the prescribed period, it was open to the Collector to impose fine.