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1950 Supreme(Pat) 105

SHEARER, SINHA, DAS
Sir Kameshwar Singh – Appellant
Versus
Province of Bihar – Respondent


Advocates:
In No. 3 of 1950 8209; P.R. Das, Khaleel Ahmad, S.P. Srivastava and Rajhu Nath Jha - for Plaintiff.
Advocate-General, Government Pleader and Bajrang Sahai - for Defendant.
In No. 61 of 1950 - Mahabir Prasad, Khalel Ahmad and Balbhadra Prasad Singh - for Petitioner.
The Advocate_Genera - for Opposite Party.

Judgement

Shearer, J - This Special Bench has been constituted to try a suit instituted by the Maherajadhiraja of Darbhanga in the Court of the Subordinate Judge at Laheriasarai which has been removed to this Court to be tried by it in the exercise of its extraordinary original civil jurisdiction. In this suit the plaintiff has asked for a declaration that the Bihar State Management of Estates and Tenures Act, 1949, is an unconstitutional law and for an injunction restraining the defendant from taking possession, through its officers, of his estate. The defendant in the suit, which was instituted prior to the enactment of the Constitution, is the Province of Bihar. Along with this suit, there have been set down for hearing a number of applications under art.226 of the Constitution. These applications are by zamindars who have instituted suits similar to the suit instituted by the Maharajadbiraja of Darbhanga. They too asked for injunctions restraining the State of Bihar or any of its officers from taking possession of their estates, and, on one ground or another, their applications for an ad interim injunction, pending the disposal of the suits, were refused. At a very early stage,





















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