SATYESHWAR ROY, S.B.SINHA
Mahabir Prasad Jalan – Appellant
Versus
State Of Bihar – Respondent
1. - In this writ application, the petitioners have, inter alia, prayed for a declaration that the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962) as amended by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Amendment Ordinance, 1975 (hereinafter called the Ceiling Act) and particularly the provisions for payment of compensation are ultra vires the Constitution of India, illegal, void and of no effect and the same should be set aside.
2. The facts of the matter lie in a very narrow compass. By reason of two registered indentures dated 17/11/1961, the then trustees of a trust known as "Subarnrekha Agricultural Estates" acquired two Tea Estates commonly known as "Palandu Tea Estate" and "Sabaya Tea Estate" together with tea bushes, plantations, standing trees, buildings factory and other properties situate in different villages in the district of Ranchi.
3. According to the petitioners, the tea bushes and the standing trees are very valuable and the petitioners process the tea leaves at its factory for manufacturing and processing. The petitioners allegedly used to
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