- (1.) Challenge in this appeal is to the order passed by a Division Bench of the Patna High Court dismissing the writ petition filed by the appellants. The writ petition was filed challenging vires of certain provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Act'). The writ petition filed by the appellants was dismissed on the ground that no return was filed, and after preparation of draft statements they could have got opportunity to file objection. It was held that the writ petition was filed challenging vires of an enactment which was included in 9th Schedule of the Constitution of India, 1950 (in short the 'Constitution').
(2.) In support of the appeal learned counsel for the appellants submitted that since the vires of certain provision were being challenged and the amendment to Section 29 of the Act was under challenge, the question of filing return did not arise. Further it was submitted that the amendment was not included in the 9th Schedule as was observed by the High Court. Earlier, all the writ petitioners were granted exemption under Section 29(2) (a)(ii) of the Act to hold an extra unit required for the purpose of performing religious rites and its maintenance but by the amendment the same was taken away.
(3.) Learned counsel for the respondent-State on the other hand submitted that though the amendment was not part of the 9th Schedule to the Constitution, yet the effect of the amendment is that the power to exempt stood deleted with retrospective effect.;