NARAIN CHANDRA DEB DHABAL DEB Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner under Article 226 of the Constitution of India, praying that the respondents may be directed by an appropriate writ or order to settle certain Hats with the petitioner.

(2.) The relevant facts are as follows : The petitioner has stated that his father, late Sri Jagdish Chandra Deo Dhabal Deb, the ex -proprietor of Pargana Dhalbhum, in his lifetime, was holding weekly markets and market place (Hats), long before 1947, at certain places within the Pargana of Dhalbhum, mentioned in paragraph 4 of the application. By a registered deed of lease dated the 11th September, 1947, the petitioner's father had granted a lease of these Hats to Dhjl -bhum Trades and Industries Limited, a joint stock company, for a period of twenty years, at a yearly rent. The family of the deceased held about ninety per cent. of the shares in the said company the petitioner being the Chairman of the Board of Directors at present. Pargana Dhalbhum vested in the State of Bihar under the Bihar Land Reforms Act at the end of 1951 and possession was taken on the 19th. June, 1952. It is stated in the application that after the vesting of the estate, the company continued to pay rent reserved in respect of the Hats to the State of Bihar. It is stated that after the expiry of the lease, the company has made an application to the Land Reforms Deputy Collector, Dhalbhum, district Singhbhum, who is respondent opposite party No. 2, for renewal of the lease for another twenty years. According to the petitioner, he has come to know that the Block Development Officers concerned had notified for auction of the Hats within their jurisdiction. The petitioner complains that he had not received any notice or invitation to file application for taking settlement of the Hats in controversy. The petitioner contends that the steps taken by the authorities are without jurisdiction, being in violation of Section 7 -C of the Bihar Land Reforms Act and the relevant Rules. In these circumstances the present application has been filed for the relief mentioned above.

(3.) Sections 4(a), 7 -A, 7 -B and 7 -C of the Bihar Land Reforms Act, 1950 are quoted below for appreciating the contentions raised by learned Counsel for the petitioner: Section 4. -Notwithstanding anything contained in any other law for the time being in force or in any contract, on the publication of the Notification under Sub -section (i) of Section 3 or Sub -section (i) or (2) of Section 3 -A, the following consequences shall ensue, namely: