CiteTEXT
...thereon which could be rented out. The estate of Mustaque Ali Khan vested in the State of Bihar under the Bihar Land Reforms Act, 1950, hereinafter called the “Act”. Mohini Devi created a...names of the appellant and the State of Bihar. Because the appellant objected to the inclusion of the State in the award he sought a reference under Section 30 of the Land Acquisition Act. That...reference was pending in the Court of the District Judge, Darbhanga when on April 16, 1960 proceedings under Section 4(b) of the Act were started in respect of the disputed land. On April 25, 1961 the Land...
...petitioners was confronted with the fact that the petitioners have intervened in the proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950, the learned counsel...for the petitioners seeks 2permission to withdraw the writ petition with liberty to contest the proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950. Prayer...4(h) of the Bihar Land Reforms Act, 1950, which has been raised in the present proceeding. The withdrawal of the writ petition shall not cause any prejudice to the petitioners in the said proceedi...
....2. On the passing of the Bihar Land Reforms Act, 1950 (Act 30 of 1950) the ex-landlords ceased to have any interest from the date of vesting and in their place...on which the present controversy starts and the relevant part may be quoted here:“Government have been pleased to amend the Section 10 of Bihar Land Reforms Act, 1950, and....11. The argument of the appellants is that apart from the provisions of the 2nd proviso to Section 10 added to the Land Reforms Act, 1950 in 1964 by Act 4 of 1965 and second...
...transferred territories and also for a declaration that the transferred territories continued to be governed by the Bihar Land Reforms Act, 1950 and also for an order to declare notifications issued under ...V. Khalid, J.— The only question now pressed into service before us, in these appeals, in the right of the appellants under Section 6(1)(i) of the West Bengal Estates Acquisition Act..., 1953. These appeals are by certificate from the judgment of the Calcutta High Court. The challenge originally was against the extension of the West Bengal Estates Acquisition Act, 1953, to the...
...sustainable and accordingly set aside, however, with the liberty to take steps as per the provisions of Bihar Land Reforms Act, 1950 or to move before the competent court of civil jurisdiction in accordanc...provision of Bihar Land Reforms Act, 1950 nor any suit has been filed before the competent court of civil jurisdiction, but, whenever the petitioner tries to construct boundary wall over the land ...proceeding under Bihar Land Reforms Act, 1950 has been initiated or suit has been filed before the competent court of civil jurisdiction.4. As prayed for, list this case on 27.11.2019....
...out to appreciate some of the matters debated before us.4. The Bihar Land Reforms Act, 1950 (which we shall refer to as “the Act”), which provided for the transference t...defendant, its officers, employees, servants or agents restraining them from issuing any notification with regard to the plaintiff's estate under the Bihar Land Reforms Act, 1950 (Act 30 of ...conferred by sub-section (1) of Section 3 of the Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950), the Governor of Bihar is pleased to declare that the Estates descri...
...enquiry it has been found that the settlement of the land is contrary to the provision of Bihar Land Reforms Act, 1950, therefore, enquiry has been directed to be conduc...enquiry to the effect that as to whether any proceeding under Section 4-h of Bihar Land Reforms Act, 1950 has been initiated over the said land.4. Learned...Sujit Narayan Prasad, J.:— The petitioner has agitated the grievance that the land which belongs to the petitioner has been utilized for construction of road of 24 km. from Sonahatu to...
...submits that the Settlement Case No. 96 of 1975-76 passed under the provisions of The Bihar Land Reforms Act, 1950 has been disturbed. Counsel submits that Deputy Collector Land Reform, Sasaram ha...power in the settlement order i.e. Settlement Case No. 96 of 1975-76 passed in favour of petitioner.4. Counsel for the State submits that under The Bihar Land Reforms Act, ...dated passed by the Deputy Collector Land Reform, Sasaram in land dispute case no. 183 of 2013 vide order dated 15.07.2013 (Annexure-3).3. Counsel for the petitioner...
...29.07.2021 along with entire proceeding in connection with Suspicious Settlement Case No. 1700/2016-2017 initiated under Section 4(h) of the Bihar Land Reforms Act, 1950, whereby it has been stated that th...respondent no. 3 - the Deputy Commissioner, Khunti has already passed final order on 07.09.2021 in Suspicious Settlement Case No. 1700/2016-2017 under Section 4(h) of the Bihar Land Reforms Act, 1950.
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...Bihar. Prior to 1956 it possessed a considerable Zamindari property. Under a notification issued in exercise of the power under the Bihar Land Reforms Act 30 of 1950, the entire Zamindari vested i...assessment proceeding under the Bihar Land Reforms Act for determining the rent payable by the Company. The Company claimed to classify lands in its occupation under three heads: (i) 12 Bighas, 9 Kathas and 7 Dhurs...Patna for a writ quashing the order of the Circle Officer and the Collector fixing the rent under Section 7 of the Bihar Land Reforms Act, 1950, in respect of the land claimed to be homestead. The...
...Section 34 of the Bihar Land Reforms Act, 1950 and this Land Commission has not been appointed and therefore, the present petition has been preferred.2. T...October, 2013, at this stage, we see no reason to give direction to the respondent-State for appointment of Land Commission as envisaged under Section 34 of the Bihar Land Reforms Act, ...of the Bihar Land Reforms Act, 1950 cannot be appointed. Thus, as on today, the Land Commission as envisaged under Section 34 of the Act, 1950 within the State of Jharkh...
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"Whether on the facts and in the circumstances of this case, the Tribunal was correct in holding that ad-interim payments of Rs. 7,000 and Rs. 15,117 made under Bihar Land Reforms .... 154 of 1976 and other analogous case disposed of on 9-4-1986). In both those decisions this Court took the view that ad-interim payments made to Ex-proprietors under the Bihar Land Reforms Act, ...of this Court. For the reasons, mentioned in these decisions, I am of the view that this case as well the ad-interim payments of Rs. 7,000 and Rs. 15,117 under the Bihar Land Reforms Act, ...
...proceeding under Section 21 of the Bihar Land Reforms Act, 1950 was pending at the time of institution of the suit in respect of the property in dispute (subject matter of Title...the provisions of Bihar Land Reforms Act, 1950. By order dated 30th July, 1990, learned Division Bench of Patna High Court allowed the petitioner to withdraw the application...to withdraw this appeal, however, with certain observations and liberties: (i) that the proceedings under Section 21 of the Bihar Land Reforms Act, 1950 may...
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CITATOR INFO :
R 1968 SC 366 (13)
R 1980 SC 775 (11)
ACT:
Land Acquisition Act, 1894 ss. 11, 18, 30--Bihar ...the Collector to make. references under s. 18 to the Court. After the award was given but before possession under s. 16 of the Act was taken the Bihar Land Reforms Act, 1950 was passed and by the...village community. In consequence of a notification issued under s. 3 of the Bihar Land Reforms Act 30 of 1950 the Dumka Estate vested on May 22, 1952 in the State of Bihar. In exercise of the pow...
...Section 4(h) of the Bihar Land Reforms Act, 1950 is available to the petitioner.2. I find that in the present writ petition, the petitioner has failed to disclose ...reason for entertaining the writ petition though, a statutory remedy of appeal under first proviso to Section 4(h) of the Bihar Land Reforms Act, 1950 is available to him....3. The Bihar Land Reforms Rules, 1951 has been framed. Rule 4-B(ii) of 1951 Rules provides that an appeal against an order passed by...
...notification issued under Section 3 of the Bihar Land Reforms Act, 1950. Lastly, that actual lease of the land was taken much earlier expressly for the purposes of the mines and that the instrumen...court and dismissed the suit. There are two main findings recorded by the High Court to allow the appeal. As to the scope and effect of the provisions of the Bihar Land Reforms Act, 1950 in respect of...questions arise for our consideration: (i) whether the suit lands had vested, free from encumbrance in the State consequent upon the issuance of notification under Section 3 of the Bihar Land Reforms Act...
...
Paragraph-7 that a proceeding under Section 4 (h) of the Bihar Land Reforms
Act, 1950 has been initiated for cancellation of Jamabandi.
In view of such stand having been...initiated
under Section 4(h) of the Act, 1950.
In view thereof, this writ petition is accordingly, dismissed.
However, reserving liberty to the petitioner Section 4(h) of the Bihar
...construction
over the land situated Mouza Dhori under Khata No.131/305, Plot
No.2796/3985, area 1.12 decimal.
Counter affidavit has been filed wherein stand has been taken at...
...been made to defeat the provisions of the Bihar Land Reforms Act, 1950, causing loss to the Government or to obtain higher compensation since the settlement was made after the...cut-off date i.e 1.1.1946 and therefore, it was a fit case for initiation of a proceeding under section 4(h) of the Bihar Land Reforms Act, 1950 for annulment of the...1.1.1946 is hit by section 4(h) of the Bihar Land Reforms Act, 1950 and the same cannot be made.• Out of 41 acres, 1.34 acres of land are Bakast in natu...
...been filed.2. Relying upon Section 8 of the Bihar Land Reforms Act, 1950 and Rule 8 framed thereunder, the High Court held that the Commissioner had no jurisdiction to entertain a...the Anchal Adhikari, Bhabhua. Appeal filed against the aforesaid orders of the Anchal Adhikari was dismissed by the Deputy Commissioner, Land Reforms on 7-5-1976. Thereafter, the appellants filed...directed that an enquiry be made to ascertain if the land in question was in actual physical possession of the appellants. This order was challenged in the High Court, which by its judgment and order dated...
...the hukumnama and is an enforceable right.2. Admittedly the estate in question had become vested in the State of Bihar by operation of Section 3-A of Bihar Land Reforms Act, 1950, ...enforceable right under Section 10 of Bihar Land Reforms Act which relates to subsisting leases subject to certain conditions. In the present case, there was no subsisting lease since there was no valid...petition for quashing an order dated 27-2-1984 passed by the Under Secretary, Government of Bihar whereby the right claimed under an unregistered hukumnama by the appellant has been terminated under...