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1961 Supreme(SC) 210

N. RAJAGOPALA AYYANGAR, K. C. DAS GUPTA, J. R. MUDHOLKAR, B. P. SINHA, A. K. SARKAR
State Of Bihar – Appellant
Versus
Rameshwar Pratap Narain Singh – Respondent


Advocates:
D.GOVERDHAN CHARY, D.P.Singh, K.K.SINHA, L.K.JHA, L.N.Sinha, LAL NARAIN SINHA, R.C.Prasad, R.K.GARG, S.C.AGRAWAL, S.K.Jha, S.P.Varma, TARKESHVAR DAYAL

Judgment

DAS GUPTA, J. : The common question which arises for decision in this group of cases is as regards the validity of the Bihar Act No. XVI of 1959 (Bihar Land Reforms Amendment Act, 1959), in so far as it amends with retrospective effect Ss. 4 and 6 of the Bihar Land Reforms Act, 1950, to be indicated later, and inserts the new sections, S. 7B and S. 7C in that Act. It appears that sometime after the Bihar Land Reforms Act became law and action was taken under S. 3 thereof by the State Government issuing notifications, declaring that the estates or tenures of proprietors or tenure-holders, specified in the notifications had passed to and become vested in the State, the Revenue authorities started interfering with the rights of those ex-proprietors and ex-tenure-holders to hold Melas on lands of which they were thereafter in occupation as occupancy raiyats under the State and started settling rights to realize tolls from such Melas on behalf of the State Government. Aggrieved by this action taken by the Revenue authorities on behalf of the State Government applications were made by several of these erstwhile intermediaries - now occupancy raiyats - to the High Court of Patna f



























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