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1975 Supreme(Pat) 181

S.SARWAR ALI, NAGENDRA PRASAD SINGH
Mahanth Daya Ram Das – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Messrs Kailash Roy, Kamala Prasad Roy, Nawal Kishore Sharma and Binod Kumar Roy.
For the Respondents: Messrs Tara Kant Jha ( G. A. ) and Sachidanand Jha (J.C. to G.A.)

Sarwar Ali, J.:

In this writ application the legality of certain orders passed, and the procedure adopted, in purported exercise of the powers conferred by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act, XII of 1962) (hereinafter referred to as 'the Act') have been questioned. But before dealing with the contentions raised in this case, some preliminary observations are called for.

2. When the people of India gave to themselves the Constitution they declared, in unequivocal terms, their solemn resolves to secure to all the citizens: Justice, social, economic and political. This is so stated in the preamble to the Constitution: and the preamble is "a-key to open the mind of the makers." The positive 'duties set out in the preamble to the Constitution are incorporated in Part IV of the Constitution dealing with Directive Principles of the State Policy. The Directive Principles are 'fundamental in the governance of the country' and two of such principles are (i) that the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good, and (ii) that the operative of the econom


































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