ORAL JUDGMENT
Date: 05-07-2016
Heard learned counsels for the parties. Challenge is to Annexure - 1, dated 28.04.1997, which had been issued under the signature of the then Commissioner- cum-Secretary, Department of Revenue and Land Reforms. By virtue of this notification, the respondent-authorities have decided to abolish the collection of tax under the Choukidari System. The decision has been challenged by the petitioner in both the writ applications on the ground that such a decision taken by an executive authority cannot wish away or do away with the system, keeping in mind the law, which was declared by a Learned Single Judge in the case of Bihar Rajya Choukidari Tahsildar Sangh and others versus the State of Bihar and others, a copy of the said decision is contained in Annexure-3.
The Court is not going to get dragged into the dispute, which is going on between the two departments of the State, i.e., the Revenue and Land Reforms as well as the Home Department. This Court expects the State authorities to take stands of the State in unified voice instead of trying to put the burden of decision making upon each other.
It is rather regrettable that despite many adjournments prayed for on behalf of the State counsels, nothing tangible has emerged in the affidavits. We are back to square one with regard to
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the dispute. One thing, however, is undisputed that any decision, which is required to be taken for abolition of the Choukidari System for collection of any tax thereto can only be done by a decision of the Legislature for which appropriate law have to be brought into effect. Executive decisions cannot partake the nature of such a decision, which is required to be taken by the Legislature. Annexure - 1 is quashed.
Writ application is allowed.
The ball is in the court of the State to redeem the situation, if they so like.
(Ajay Kumar Tripathi, J)
SKM/-
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A.F.R. |
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| Uploading Date |
05.07.2016 |
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