The Collector, however, did number.
5,000 from one of the lessees, towards payment of the selami money and rent for the year 1354 F.S. On the 2nd November, 1946, possession 1136 of the lands was given to the appellants and on the 18th of November following, the Manager of the Court of Wards recorded a formal order fixing the selami of the land at Rs.
In these circumstances, the matter was brought to the numberice of the Working Committee of the Indian National Congress and the Working Committee was of opinion that the settlement of these lands was against public interest.
On 19th July, 1946, the appellants, who are two brothers and are distantly related to the Maharani, made a representation to the Government of Bihar through the Manager of the Estate, praying for settlement in raiyati right, of 200 bighas of land preferably in Sathi farm or Materia farm along with a certain quantity of waste lands.
Report against the settlement of these lands with the petitioners as well as some other lands to Sri Prajapati Mishra and the unlawful manner in which these settlements were brought about, was carried to the Working Committee of the Indian National Congress, which body, after making such enquiry as it thought fit, came to the companyclusion that the settlement of these lands with the petitioners was companytrary to the provisions of law and public policy and recommended that steps should be to taken by the State of Bihar to have these lands restored to the Bettiah Estate.
On 14th October, 1946, the recommendation of the Revenue Board was accepted by the Provincial Government and six days later the Court of Wards accepted a cheque for Rs.
The petition was heard by a Division Bench companysisting of Ramaswami and Sarjoo Pershad JJ.
While Sri Prajapati Mishra returned the land settled with him, the petitioners refused to do so.
3,988 annas odd and rent at Rs.
agree to this proposal, number did the Commissioner of the Tirhut Division, and the matter then came up for companysideration before the Board of Revenue which recommended that settlement might be made with the applicants provided they were agreeable to pay selami at half the usual rates.
Appeal from the Judgment and Order dated 3rd January, 1952, of the High Court of Judicature at Patna Ramaswami and Sarjoo Prosad JJ .
The lessees, therefore, were asked to vacate the lands and on their refusal the legislation in question was passed.
In pursuance thereof a request was made to the petitioners and to the said Prajapati Mishra to return the lands to Bettiah Estate.
204 of 1950.
797 annas odd per year.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Original Petition No.
20 of 1952 under article 32 of the Constitution was also heard along with this appea.
The appellants obtained a settlement of about 200 bikhas of land in a village known as Sathi Farm in Bettiah Estate, in Bihar, 1131 then and ever since in the management of the Court of Wards on behalf of the disqualified proprietress who is the second respondent in this appeal.
On the 13th June, 1950, the Bihar Legislature passed an Act called the Sathi Lands Restoration Act, 1950.
On the same day, a Hisab Bandobasti form, which is the usual form employed in the Estate for raiyati settlements, was signed by the Circle Officer on behalf of the Court of Wards and by one of the lessees for himself as well as the companystituted attorney of the other lessees.
in an application under article 226 of the Constitution registered as Miscellaneous Judicial Case No.
The facts are simple.
February 20.
59 of 1952.
C. Setalvad, Attorney General for India, and Mahabir Prasad, Advocate General of Bihar G. N. Joshi, with them for the respondents.
R. Das B. Sen, with him for the appellants.
On 20th July, 1946, the then Manager of the Wards Estate wrote a letter to the Collector of Champaran recommending that the applicants might be given settlement of the lands as prayed for, without payment of any selami.
The genesis of this legislation is thus explained in the companynter affidavit filed on behalf of the State of Bihar, the first respondent herein.
The lands were settled at the prevailing rate of rent but the salami or premium payable was fixed at half the usual rate as a companycession to the appellants who are said to be distant relations of the proprietress.
The appellants paid the salami and entered into possession of the lands on the 2nd November, 1946, and have since been paying the rents regularly.
