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3e4eda11ee62-0 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1091 of 2013
With
Interlocutory Application No. 1572 of 2013
In
Civil Writ Jurisdiction Case No. 1091 of 201... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-1 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | 4. Smt. Jashoda Devi, wife of Gosain Mandal, resident of Village Sahebganj, P.S., P.O. and Anchal- Narpatganj, Subdivision- Forbesganj, District Araria .... .... Respondent 2nd Party =========================================================== Appearance :
For the Petitioners : Mr. Yogendra Mishra &
... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-2 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Ms. Shashi Priya Pathak, AC to AAG 7
=========================================================== <span class="hidden_text" id="span_1"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V JUDGMENT (Per: HONOURABLE THE... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-3 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | 12. 24.06.2014 This Petition under Article 226 of the Constitution has been filed by a father and the son Maheshwar Mandal and Sanjay Mandal to challenge the order dated 27th December 2011 made by the Competent Authority-cum-Deputy Collector Land Reforms, Forbesganj, Araria in B.L.D.R. Act Case No. 91 of 2011-12 in exe... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-4 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | One Jashoda Devi, the respondent no. 4, wife of one Gosai Mandal approached the Competent Authority under the Act of 2009 for a declaration that she is the owner of the disputed parcels of land (hereinafter referred to as "the suit land") and that she is entitled to the possession of the suit land. She complained that ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-5 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | suit land through a sale purportedly made by the late Bachchi Mandal on 22nd December 1995. According to the <span class="hidden_text" id="span_3"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> petitioners, the said sale was later on cancelled on 29th February 1996. The land continued to be the join... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-6 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | The Competent Authority-cum-Deputy Collector Land Reforms, Forbesganj (hereinafter referred to as "the Competent Authority") held that the deed of cancellation of sale was not a valid document and that the plaintiff, Jashoda Devi was the lawful owner of the suit land. In view of the said finding, the Competent Authorit... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-7 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Learned advocate Mr. Yogendra Mishra has appeared for the petitioners. He has assailed the provisions contained in the Act of 2009. He has submitted that the provisions contained in the Act of 2009 divest the Civil Court of its function of adjudicating the question of title over the land. The Act of 2009 also confers u... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-8 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Learned advocate Mr. Ram Kishore Singh has appeared for the State Government. He has relied upon Entry 18 of the State List of Schedule VII to the Constitution of India, the Bihar Tenancy Act, 1885 and the judgment in the matter of Smt. Basmati Devi Vs. Smt. Anju Kumari [2012 (3) PLJR 214]. He, however, concedes that i... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-9 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In view of challenge to the constitutional validity of the Act of 2009, we have heard learned Principal Additional Advocate General, Mr. Lalit Kishore on behalf of the State Government. Mr. Lalit Kishore has contested the challenge to the constitutional validity of the Act of 2009. He has taken us through the various p... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-10 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | have not challenged a particular provision/s of the Act of 2009, but the challenge is general and vague. He has submitted that unless the State legislature lacks the legislative competence to make the enactment, the enactment cannot be said to be unconstitutional. He has further submitted that to challenge any provisio... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-11 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | construction of legal provisions does permit reference to the preamble of the enactment, but no provision can be held to be ultra vires the preamble of the enactment. Mr. Lalit Kishore has meticulously taken us through each provision particularly Section 4 and various clauses under Sub-section (1) of Section 4 of the A... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-12 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In support of his submissions, Mr. Lalit Kishore has relied upon the judgments of the Hon‟ble Supreme Court in the matters of M/s Burrakur Coal Co. Ltd. Vs. The Union of India and Others {AIR 1961 Supreme Court 954, Mohan Lal Vs. Kartar Singh and Others {1995 Supp (4) Supreme Court Cases 684, Union of India Vs. Elphins... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-13 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In the matter of M.s Burrakur Coal Co. Ltd. (supra) the very issue of interpretation of statute was the subject matter of consideration by the Constitutional Bench of the Hon‟ble Supreme Court. The Hon‟ble Court held, "it is one of the cardinal principles of construction that where the language of an Act is clear, the ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-14 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | 2013 (12) dt. 24 .06.2014</span> fact Parliament intended that it should have a limited application." | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-15 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In the matter of Mohan Lal (supra) a similar provision for summary enquiry by collector was the subject matter of challenge before the Hon‟ble Supreme Court. The Hon‟ble Court observed, "Though the enquiry is summary it is judicial in nature. .... Therefore, merely because the Collector acting under section 43 has to m... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-16 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In the matter of Union of India (supra) challenge was directed to the Textile Undertakings (Taking Over of Management) Act, 1983. The Court observed, "There is always a presumption that the legislature does not exceed its jurisdiction and the burden of establishing that the legislature has transgressed constitutional m... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-17 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Learned advocate Ms. Kumari Ritambhara has appeared for the respondent no. 4-plaintiff. She has supported the orders of the authorities below. | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-18 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | True, the petitioners have not raised a specific challenge <span class="hidden_text" id="span_11"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> to a particular provision/s. The challenge to the constitutional validity of the Act of 2009 is too general and vague. The sole reliance is placed on the F... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-19 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | As the Act of 2009 is under challenge before us, we shall first examine the objects and reasons of the Act of 2009 and its provisions. | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-20 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | The preamble of the Act of 2009 reads as under :-
"WHEREAS, in the State of Bihar, disputes relating to record of rights, boundaries, entries in revenue records, unlawful occupation of raiyati land and forcible dispossession of allottees and settlees of public land, generate problems and cause unnecessary harassment t... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-21 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | WHEREAS, such disputes with respect to raiyati land or public land allotted in favour of different classes of allottees are unnecessarily occupying major space of Civil Courts and Hon'ble High Court and which should otherwise have been resolved by the Revenue Authorities, who may be better equipped to deal with such di... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-22 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | AND, WHEREAS, it has been found in analysis of data relating to nature of disputes that they mostly appertain to matters connected with the Record of Rights, partition of jamabandi, forcible dispossession of allottees/raiyats, boundary disputes etc. and in this context, the administration of the following Acts is invol... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-23 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (6) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, AND, WHEREAS, different forums and procedures have been provided for the resolution of disputes under the above referred Acts and it is considered expedient to provide a uniform and common forum, procedure and mechanism which would achie... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-24 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Section 2 of the Act of 2009 defines various terms and phrases used in the Act. Clause (a) defines, ""Competent Authority" shall be the Deputy Collector Land Reforms or any officer assigned to discharge the function and duties of the Deputy Collector Land Reforms in the Sub-division". Clause (d) defines, ""Land" connot... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-25 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (f) thereof defines, ""Allottee or Settlee" connotes the person with whom land has been settled by the competent authority or the person who has acquired raiyati rights over the land, under any of the Acts contained in Schedule-1 of this Act". Clause (g) thereof defines ""Raiyat" connotes a raiyat as defined under the ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-26 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Ceiling and Acquisition of Surplus Land) Act, 1961, (vi) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. Section 4 thereof provides for the jurisdiction of the Competent Authority. Sub-section (1) thereof empowers the Competent Authority, interalia, to resolve the disputes arising out of | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-27 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (a) Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 of this Act by issuance of any settlement document/parcha by a Competent <span class="hidden_text" id="span_17"> Patna High Court CWJC No.1091 of 20... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-28 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (a), (b) and (c) above appertaining of raiyati land; (e) Partition of land holding; (f) Correction of entry made in the Record of Rights including map/survey map; (g) Declaration of the right of a person; (h) Boundary disputes; (i) Construction of unauthorized structure; and (j) Lis pendens transfer. Sub-section (3) th... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-29 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | "(2) The Competent Authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Act contained in Schedule-1. The Competent Authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of t... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-30 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (3) The Competent Authority shall not have jurisdiction to adjudicate any fresh rights of allottee/settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisons contained in any of the <span class="hidden_text" id="span_19"> Patna High Court CWJC No.1091 of 2013 (12) dt. ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-31 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (4) Notwithstanding anything contained in sub- section (2) and (3) hereinabove, if no provision is made in any of the Acts contained in Schedule-1 for determination of rights of allottee/ settlee or raiyat and claimed right is yet to be determined, it shall be open to the Competent Authority to finally determine such r... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-32 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Section 5 of the Act confers certain powers of Civil Court upon the Competent Authority. Section 6 of the Act provides, "in all cases of civil nature, concerning a land or a portion thereof, and in which one of the parties to the case is an allottee or settlee under Section-2 of the Act, the State shall be a necessary ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-33 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | of the Act enjoins the Competent Authority to execute its orders. Section 16 of the Act confers power, interalia, of attachment of the standing crop upon the Competent Authority. It is apparent that the Act of 2009 has been enacted with a laudable purpose of giving quick relief to the allottees and settlees who have ea... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-34 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | referred six enactments. This intention is reinforced by Sub-section(2) of Section 4 of the Act of 2009 insofar as it expressly provides, "Competent Authority shall exercise his authority for resolving the dispute brought before him on basis of any final order passed by any of the authorities empowered to do so under t... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-35 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (4) & (5) of Section 4 of the Act of 2009. The said Sub-section (4) of Section 4 of the Act of 2009 enables the <span class="hidden_text" id="span_23"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> Competent Authority to determine the rights of allottees or settlees or raiyats which are not yet dete... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-36 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | the Act of 2009. The Act which is designed to execute the orders made or to enforce the rights accrued under any of the aforesaid six enactments, has been converted into a substantive or adjudicating enactment by Section 4(4) of the Act of 2009. The power of adjudication conferred under the aforesaid Sub- sections (4) ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-37 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | It is apparent that the Act of 2009 has been enacted with an intention to give immediate relief to the allottees and the settlees whose rights are crystallized under any of the six enactments mentioned in Schedule-1 to the Act of 2009. It is, therefore, necessary that any person approaching the Competent Authority unde... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-38 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | of the aforesaid six enactments. It is such a claim alone which can be entertained by the Competent Authority under the Act of 2009. This opinion of mine is corroborated by Section 6 of the Act which makes it mandatory that in all such cases the State Government shall be a necessary party. The preamble of the Act is cl... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-39 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | to the Act of 2009 in respect of the procedure prescribed in the above referred six enactments This seemingly unfettered and unbridled power of adjudication has been misused by the Competent Authority to resolve disputes of title to the land which traditionally are required to be resolved by a Civil Court. In the prese... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-40 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Incongruity in legislative drafting of sub-sections (3) & (4) of Section 4 of the Act of 2009 is evident. But then, that is the way the legislature functions. On one hand Sub-section (3) of Section 4 of the Act of 2009 expressly debars the Competent Authority from adjudicating any fresh rights of allottee, settlee or a... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-41 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | finally determine the rights of allottee, settlee or raiyat not yet determined. It is this sub-section (4) which is the mischief monger. Although it refers to the rights of allottee, settlee or raiyat, the broad language used by the legislature is largely misused to usurp the power not conferred by the Act of 2009 and ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-42 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | Similarly, sub-section (5) of Section 4 of the Act of 2009 also is a mischief monger. Once jurisdiction of the Competent Authority is confined to the execution of the orders made or enforcement of rights accrued under any of the aforesaid six enactments, sub-section (5) of Section 4 of the Act of 2009, by necessary imp... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-43 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | A Full Bench of this Court in the matter of Nand Kumar Rai (supra) had the occasion to examine the constitutional validity of Section 109 of the Bihar Tenancy Act, 1885 as it stood after its amendment under the Act 6 of 1970. It appears that under the said amendment the legislature barred the jurisdiction of the Civil ... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-44 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | The said enactment was challenged on the ground that it was a fraud on the legislative power of the State and was enacted in colourable exercise of that power and that the impugned provisions were arbitrary. The Bench held that clause (d) of sub-section (1) and sub-section (2) of Section 109 of the Act introduced by Bi... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-45 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | (2) Suit for declaration of title to or recovery of possession of or confirmation of possession over any holding or tenancy or part thereof, in which correctness of any entry in any record-of-rights or <span class="hidden_text" id="span_31"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> Settlement R... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-46 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | The Bench held, "It is difficult to conceive how complicated title suits would be speedily and summarily disposed of by Revenue Courts and how the under-raiyats would be benefited thereby. I can take judicial notice of the fact that a large number of title suits have been filed throughout the State of Bihar wherever Re... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-47 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | its constitutional validity. In procedural matter suits of lighter vein have been allowed to be brought to the High Court and complicated suits <span class="hidden_text" id="span_33"> Patna High Court CWJC No.1091 of 2013 (12) dt. 24 .06.2014</span> are to be finally disposed of by the Revenue authorities. I also do no... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-48 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | In my opinion, a similar mischief is found in the Act of 2009 where the competent authority is allowed to entertain and summarily decide the rights which are not crystallized under any of the aforesaid six enactments and to entertain and decide complex issues of title to the land under sub-sections (4) & (5) of Section... | https://indiankanoon.org/doc/154031036/ |
3e4eda11ee62-49 | Maheshwar Mandal & Anr vs The State Of Bihar & Ors on 24 June, 2014 | may still require to be adjudicated/enforced. No claim to a property or a dispute relating to a property can be entertained or decided by the Competent Authority under the Act of 2009 to resolve disputes other than the ones arising from the above referred six enactments. | https://indiankanoon.org/doc/154031036/ |
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