JAGDISHPUR ZAMINDARI CO.LTD Vs. STATE

JUDGEMENT

(1.) THIS order disposes of the report of the Official Liquidator seeking direction to the Collector of Bhojpur, to pay compensation for the vesting of the proprietory interests of the company, Jagdishpur Zamindari Co. Ltd. (in Liquidation), under the provisions of the Bihar Land Reforms Act, 1950.

(2.) PURSUANT to order of this Court dated 10.1.97 in this regard the State of Bihar has filed counter affidavit disputing the claim of the company. According to the State, the Estate having been temporarily settled with the predecessors -in -interest of the company it is not entitled to any compensation. It is not even entitled to Malikana under section 24A of the Bihar Land Reforms Act as the same is payable only for unexpired portion of the period of settlement, and the period having expired in 1933, to be precise, on 31.10.33, Malikana also is not payable. According to the State further, since the company has not yet filed any return, no verification can be made or any compensation of assessment roll prepared or compensation paid. It is also said that the company claims to have acquired its rights in certain permanent Tauzis, namely, Tauzi nos. 1231, 3133, 3137, 3566, 4143, 4180, 1475, 5979, 8367 and 8710, on the basis of sale deeds dated 1.4.46. The sale deed being subsequent to the cut -off date, namely, 1.4.46 mentioned in section 4(h), the same is liable to be annulled under that provision, but as no return has been filed, no such action has been taken.

(3.) THE claim of the company which finds its origin in the confiscating of the Jagdishpur Estate belonging to the legendary Babu Kunwar Singh in 1857 and its subsequent lease/settlement, has a long history. Since the claim rests on documents which were not in possession of the Official Liquidator, various orders were passed at the instance of the Official Liquidator to make available certain documents, list 'of which was supplied, initially to the Advocate General and later to the Government Pleader Sri S.J. Rahman. Unfortunately, only few of them were made available. Since the matter was coming on for long time and the State virtually expressed its inability to furnish the remaining documents, with the consent of the parties the matter was taken up for hearing.