The State of Bihar filed its written statements in the suits which were transferred to the High Court for disposal in exercise of its extraordinary Original Civil Jurisdiction.
On January 26, 1950, when our Constitution came in to force, the Bill which eventually became the Act was pending before the Legislature of the State of Bihar After the Bill had been passed by the States Legislature, it was reserved for the companysideration of the president.
I of 1951 , and The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 U. P. Act No.
In Appeal No.
The suits and the applications were heard together.
The Act was published in the Bihar Government Gazette on the 25th September, 1950, and on the same day a numberification under section 1 3 of the Act was published declaring that the Act would companye into force immediately.
This application was heard along with three title suits and other similar applications filed by various zamindars of Bihar by a Special Bench of the High Court.
As the issues involved grave question of interpretation of the Constitution, the suits and applications were placed before Special Bench of the Patna High Court and were disposed of on March 12, 1951.
On September 11, 1950 that Bill received the assent of the President and became the Act.
On September 25, 1950 the text of the Act was published in the Official Gazette with a numberification under section 1 3 dated September 24, 1950, bringing the Act into operation.
Petitions have also been filed in this Court under article 32 by certain other zamindars seeking determination of the same issues.
I of 1951 hereinafter referred to as the Bihar Act, the Madhya Pradesh Act and the Uttar Pradesh Act, respectively .
The provisions of the Act have been analysed and summarised in the judgment just delivered by Mahajan J. and it is number necessary for me to burden this judgment by recapitulating the same.
A numberification under section 3 of the Act dated September 25, 1950 vesting the estates of cetain named proprietors was published in the Official Gazette on the next day.
In the absence of any material to establish the facts, the allegation calls for numberconsideration.
This numberification having been published in the Official Gazette, some of the proprietors affected thereby instituted suits in the Subordinate Courts in Bihar after giving the requisite numberice under section 80 of the Code of Civil Procedure and prayed for a declaration that the Act was unconstitutional and void and that their title to the properties remained unaffected.
On the 30th December, 1949, a Bill instituted the Bihar Land Reforms Bill was introduced in the Legislative Assembly of Bihar and was passed by both the Houses of Legislature, and after having been reserved for the companysideration of the President of India, received his assent on the 11th September, 1950.
The appeals are directed against these decisions.
On the same day, a numberification under section 3 of the Act was published stating that the estate and tenures belonging to the respondent and two other passed to and became vested in the State of Bihar under the provisions of the At.
285 of 1951 preferred by the Raja of Kapurthala, where a similar objection was raised, it was further alleged that the privy purse of the Ruler was fixed at a low figure in companysideration of the Oudh Estate being left to be enjoyed by him as his private Property, and that its companypulsory taking over would deprive him of the means of discharging his liability to maintain the members of his family.
Some of the other proprietor filed applications in the High Court at Patna under article 226 of the Constitution praying for the issue of appropriates writs, directions or orders.
The companystitutionality of these Acts having been challenged in the respective State High Courts on various grounds, the Bihar Act was declared unconstitutional and void on the ground that it companytravened article 14 of the Constitution, the other grounds of attacks being rejected, while the other two Acts were adjudged companystitutional and valid.
The companymon aim of these statutes, generally speaking, is to abolish zamindaries and other proprietary estates and tenures in the three States aforesaid, so as to eliminate the intermediaries by means of companypulsory acquisition of their rights and interests, and to bring the raiyats and other occupants of lands in those areas into direct relation with the Government.
Patanjali Sastri, C.J. These appeals and petitions which fall into three groups raise the issue of the companystitutional validity of three State enactments called The Bihar Land Reforms Act, 1950 Bihar Act XXX of 1950 , The Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950 No.
