S.SHAMSUL HASAN, UDAY SINHA
Harishchandra Singh – Appellant
Versus
State Of Bihar – Respondent
UDAY SINHA, J.
1. The common question of law involved in these three applications under Arts. 226 and 227 of the Constitution relates to the ambit and parameter of the power of State Government or Collector to re-open concluded proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 hereinafter called the Ceiling Act by virtue of the power conferred by S.45-B of the said Act as also the vires of S.45-B. They have been heard together and shall, therefore, be disposed of by this common judgment.
2. The facts necessary for appreciating the submissions urged on behalf of the petitioners must be stated herein now. There is an Asthal (a kind of free monastery in which communities of religious medicants reside together under a Mahant) in the district of Vaishali known as Patepur Asthal. Mahanth Ramanand Das is the Head of the Asthal. The Asthal has set up temples at different places and various deities have been installed therein. The Asthal was possessed of vast landed properties. According to the petitioner, the properties ascribed to separate temples in turn vest in the deities as Debottar properties. The Ceiling Act having b
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