The Bihar Land Reforms Act, 1950 (hereinafter referred to as ‘the Act’), came to be enacted to provide for (i) the transference to the State of the interests of the proprietors and tenure-holders in land of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and (ii) for constitution of a Land Commission for the State of Bihar with the powers to advise the State Government for agrarian policy to be pursued by the State Government consequent upon such transference and for other matters connected therewith.

2. Section 3 of the Act empower the State Government to declare that the estates or tenures of a proprietor or tenureholder, specified in the notification, have passed to and become vested in the State, by notification issued from time to time. Sub- Section (2) of Section 3 of the Act provides for mode and manner of notification. Sub-Section (3) of Section 3 of the Act states that the notification, under Sub-Section (2) shall be conclusive evidence of the notice of the declaration to such proprietors or tenure-holder whose interests are affected by the notification. Section 3A of the Act, which came to be introduced by amendment, lays down that the State Government may, at any time, by notification, declare that the intermediary interests of all the intermediaries in the whole of the State have passed to and become vested in the State. Section 4 of the Act declares the consequences of the vesting of an estate or or tenure in the State and it unequivocally states that notwithstanding anything contained in any other law, for the time being in force, on the publication of notification, under Sub-Section (1) of Section 3 or sub-Section (1) or sub-Section (2) of Section 3A of the Act, such estate or tenure, including the interests of the proprietors or tenure-holders in any building or part of a building comprised in such estates or tenure etc., shall, with effect from the date of vesting, vest absolutely in the State free from all encumbrances and such proprietor or tenure holder shall cease to have any interest in the estate ‘other than the interests expressly saved by or under the provisions of this Act’.

3. Sub-Section (b) of Section 4 of the Act provides that all rents, cesses and royalties accruing in respect of lands comprised in such estate or tenure on or after the date of vesting shall be payable to the State and not to the outgoing proprietor or tenure-holder and any payment made in contravention of this clause shall not be binding on the State Government. Sub-Section (f) of Section 4 of the Act provides that the Collector shall be deemed to have taken charge of the estate or tenure and of all interest vested in the State, under Section 4 of the Act. Sub-Section (h) of Section 4 of the Act empowers the Collector to make enquiries in respect of any transfer including the settlement of lease of any land comprised in such estate or tenure or the transfer of any kind of interest in any building used primarily as Office or cutchery for the collection of rent of such estate or tenure or part thereof and if he is satisfied that such transfer was made at any time after 1st day of January, 1946, with the object of defeating any provisions of this Act or causing loss to the State or for obtaining higher compensation, the Collector may after giving reasonable notice to the parties concerned to appear and be heard, annul such transfer, dispossess the person claiming under it and take possession of such property on such terms as may appear to the Collector as fair and equitable.

4. Section 5 of the Act prescribes that with effect from the date of vesting, all homesteads comprised in an estate or tenure and being in the possession of an intermediary on the date of such vesting, shall be deemed to be settled by the State with such intermediary and shall be entitled to retain possession of the land comprised in such homestead