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1996 Supreme(Pat) 174

ASOK KUMAR GANGULY
Shree Goshala – Appellant
Versus
State Of Bihar – Respondent


Judgment

A.K.Ganguly, J.

1. The question which falls for decision before this Court in this writ petition is whether a Goshala is entitled to the statutory exemption from the Ceiling Law as provided in Chapter-XI under Sec. 29 (b)(v) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act), Sec. 29 (b)(v) of the said Act is set out below :

Such extent of land held on the date of commencement of this Act by such public or charitable bodies or religious institution of public nature, running educational institutions, hospital, maternity homes and orphanages as may be notified by the State Government in this behalf, so long as they continue as such.

2. On a plain reading of the said Section it appears that the exemption under the aforesaid provisions is available only to such public or charitable bodies as are running educational institutions, hospital, maternity homes and orphanages to the extent notified by the State Government. In order to enjoy such exemption, the bodies must also continue as such.

3. Therefore, the exemption is not available to all Public or Charitable bodies but only to those bodies wh








































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