Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Land Reforms (Fixation of Land Ceiling & Acquisition) Act 1961-Ss.2(ee) & 32-A |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bihar Land Reforms (Fixation of Land Ceiling & Acquisition) Act, 1961-Ss. 2 (ee) & 32-A --Several Maths under the management of one Math-Whether to be treated as subsidiary or family of Maths-Not entitled to treat its land independent from lands of controlling Math- Reopening of ceiling proceedings-Not challenged and became final and cannot be allowed to be raised.Appellant constituting Baletha Math was in possession of 15.36 acres of land Proceedings were initiated against appellant under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act. 1961. The Deputy Collector by an order dated 15.04.76 held that the appellant was a separate Math and that the lands held by the appellant could not be included in the lands of the Dhanauti Math, Dhanauti Math filed an appeal and further revision to the Board of Revenue. During the pendency of the revision, Section 32-A was brought by amendment w.e.f. 06.04.81 and all pending proceedings abated pursuant thereto. The Deputy Collector initiated suo motu proceedings on 12.08.81 against the appellant and held that Dhanauti Math had several Maths under its management including the appellant's Math. The ceiling area was determined holding that the land was held by Dhanauti Math. The order of the Dy. Collector was upheld by the appellate court, revisional court and the High Court.In appeal to this court it was contended that the reopening of the proceedings was bad in law as the order of the Dy. Collector dated 15.04.76 had become final and no proceedings were pending consequent to the abatement by virtue of Section 32-A. It was also contended that the appellant Math was only subsidiary to Dhanauti Math and could not be treated as a 'family' of Dhanauti Math as defined in Section 2 (ee) of the 1961 Act and, therefore, the land held by the appellant Math could not be included in the land of Dhanauti Math for the purposes of determining the ceiling. |
Judge | N/A |
Neutral Citation | 1995 INSC 46 |
Petitioner | Sant Saran Goswami @ Deoji |
Respondent | The State Of Bihar And Ors. |
SCR | [1995] 1 S.C.R. 344 |
Judgement Date | 1995-01-17 |
Case Number | 1216 |
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