Judgement

PHUKAN, J. :- This is an appeal against the judgment and order dated 9-5-90 passed by the Division Bench of Patna High Court, Ranchi Bench in L.P.A. No. 133 of 1989(R). By 3610 impugned judgment the Division Bench in the appeal refused to interfere with the judgment and order of the learned single Judge dated 13-9-87 passed in Civil Writ No. 540/83(R).

2. The admitted facts are as follows :-

The appellant herein was the proprietor within the meaning of Bihar Land Reforms Act, 1950 (for short the Act) in the interest in the estate including the subsisting lease of mines and minerals vested in the State of Bihar under the Act. A proceeding for payment of compensation was initiated under Chapter-V of the Act in the compensation Case No. 1/r/8 of 1951. The assessment roll dated 12-5-1978 was published under Section 28 of the Act for a sum of Rupees 4,29,527.50 paise. Payment was made under Section 32 of the Act to the appellant in the form of bond which was accepted.

3. The assessment roll was revised and a fresh roll was prepared on 3-11-1979 and compensation was assessed as Rs. 46,66,014.76 paise calculated at three times of net annual income. This amount also included the earl