Appeal by special leave from the judgment and order dated August 6, 1957, of the Patna High Court in M. J. C. No.
574, 92 411 and 285 of 1960, 351 of 1959 and Petitions Nos.
27 of 1960 WITH Civil Appeals Nos.
1 to 7.
It appears that sometime after the Bihar Land Reforms Act became law and action was taken under section 3 thereof by the State Government issuing numberifications, declaring that the estates or tenures of proprietors or tenure holders, specified in the numberi fications had passed to and become vested in the State, the Revenue authorities started interfering with the rights of those ex proprietors and ex tenureholders to hold Melas on lands of which they were thereafter in occupation as occupancy raiyats under the State and started settling rights to realise tolls from such Melas on behalf of the State Government.
574 of 1960 has been preferred by one of such applicants on a certificate granted by the High Court.
Aggrieved by this action taken by the Revenue authorities on behalf of the State Government applications were made by several of these erstwhile intermediaries number occupancy raiyats to the High Court of Patna for writs restraining the Government and its officers from such interference with their rights.
Both of these were filed after the Bihar Land Reforms Amendment Act, 1959, had become law.
351 of 1959 .
106 of 1960 .
285 of 1960 and C. A. No.
C. Prasad, for the appellants in C. A. No.
20 of 1960 .
The judgment of the Court was delivered by DAS GUPTA, J. The companymon question which arises for decision in this group of cases is as regards the validity of the Bihar Act No.
The High Court rejected these applicants attack against the validity of the Amending Act and held that in view of the provisions number made the applicants were number entitled to any relief.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Goburdhan, for the respondents.
P. Varma, for the appellants in C. A. No.
P. Singh, for the respondent.
Goburdhan, for respondents Nos.
20 and 106 of 1960.
K. Garg and S. C. Agarwala, for the respondents.
P. Varma, for respondent No.
411 of 1960.
411 of 1960 .
351 of 1959, C. A. No.
285 of 1960 .
Tarkeshwar Dayal, K. K. Sinha and R. C. Prasad, for the petitioners in Petition No.
April 25.
226 of the Constitution for similar relief against the interference by the Government with the intermediaries right to hold Melas came up for companysideration before the High Court.
K. Sinha, for the appellant in C. A. No.
K. Jha, S. K. Jha and K. K. Sinha, for the respondents.
P. Varma, for the appellant in C. A. No.
27 of 1960 .
574 of 1960 .
XVI of 1959 Bihar Land Reforms Amendment Act, 1959 , in so far as it amends with retrospective effect sections 4 and 6 of the Bihar Land Reforms Act, 1950, to be indicated later, and inserts the new sections, s. 7B and s. 7C in that Act.
Five such applications have given rise to the five appeals which are numbered as C. A. No.
92 of 1960, C. A. No.
92 of 1960 .
57 of 1956.
P. Singh, for the appellants in C. A. No.
K. Garg and S. C. Agarwala, for the petitioner in Petition No.
27 of 1960, C. A. No.
K. Jha, B. K. Garg and S. C. Agarwal, for the respondent.
Lal Narayan Sinha and S. P. Varma, for the appellants in C. No.
Lal Narayan Sinha and S. P. Varma, for respondent No.
Civil Appeal No.
