Bokaro and Ramgur Ltd. Vs. The State of
Bihar & ANR [1962] INSC 93 (14 March 1962)
14/03/1962 AYYANGAR, N.
RAJAGOPALA AYYANGAR, N. RAJAGOPALA AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR
P.(CJ) GAJENDRAGADKAR, P.B.
WANCHOO, K.N.
CITATION: 1963 AIR 516 1962 SCR Supl. (3) 831
ACT:
Fundamental right --Right to hold property Adjudication
as to title pending -Question of infringement,if could arise before such
adjudication -Constitution of India Arts.19(1)(f) 31(1) Bihar Land Reforms Act
1950 (Bihar 1 of 1950), s. 4(h).
HEADNOTE:
The property regarding which the contention
is raised that the fundamental rights of the petitioners under Arts. 19(1) (f)
and 31 ( 1) of the Constitution are alleged to 832 have been infringed is a
plot of land within the Municipal limits of Hazaribagli with certain buildings
and structures thereon,which originally belonged to the Raja of Ramgarh.
On January 16, 1948, the Raja leased this property to N for a term of 99 years and sometime thereafter settled his
reversionary interest of the property for the benefit of a Trust.
The estate of Ramgarh was notified under s.
3(1) of the Bihar Land Reforms Act for being taken over by the Government of
Bihar and in consequence, the estate statutorily vested in the State of Bihar. A
notice was issued to N to show cause why the lease executed in his favour
should not be set aside under s.4(h) of the act as the lease was executed well
within the period specified under s. 4(h). N submitted objections standing that
these properties were not covered by s. 4(h). During the pendency of the
enquiry N surendered his leasehold to the trust. The trust leased the property
to one 1, who assigned his household interest in the property to the petitioner
Company. The present sought to quas the said proceedings under s. 4(h) pending
before the Collector wherein an enquiry was having held as to the manner in
which the property in, question was being enjoyed by tile Raja of Ramgarh prior
to the transfer, by lease for 99 years. The question is whether any fundamental
rights of the petitioner have been infringed by the enquiry being held.
Held, that before a party could complain of
an infringement of his fundamental rights to hold property he must establish
that he has title to that property and if that title itself is in dispute and
is the subject of adjudication in proceedings legally constituted the cannot
obviously put forward any claim based on such title until as a result of that
enquiry his title established. It is only thereafter that the question whether
his rights in or to that property have been improperly or illegally infringed
could arise.
CIVIL APPELLATE JURISDICTION: Writ Petition
No. 19 of 1961.
Petition under Art. 32 of the Constitution of
India for enforcement of Fundamental Rights.
A. V. Viswantha Sastri and D. N. Mukerjee,
for the petitioners.
Bajrang Sahai and S. P. Yarma, for the
respondents.
833 1962. March 14. The Judgment of the Court
was delivered by AYYANGAR J.-We consider that this petition under Art. 32 of
the Constitution is entirely devoid of merits and deserves to be dismissed as
misconceived as it does not involve any question of the infringement of any
fundamental right.
The petition is substantially for the issue
of a writ of prohibition directing the Collector of -Hazaribagh not to proceed
with an enquiry pending before him under s. 4(h) of the, Bihar Land Act and a
writ of cortical to quash the proceedings. The property regarding which a
tension is raised that the fundamental rights of the petitioner under
Arts.19(1)(f) and 31(1) of the constitution are alleged to have been infringed,
is a. plot of land within the municipal limits of Hazaribagh in Bihar together
with certain buildings and structures thereon. The property originally belonged
to the Ramgarh Raj. There is a dispute its to the manner in which this property
was being enjoyed by the then proprietors and so we shall at this stage refrain
from saying anything about it. On January 16, 1948 the Raja of Ramgarh granted
a lease of this property in favour of his younger brother Basant Narain-for a
term of 99 years. On April 7, 1949 the Raja settled his reversionary interest
in the property for the benefit of a, Trust under a registered deed of
settlement The estate, of Ramgarh was notified under s. 3 (1) of the, Bihar
Land Reforms Act (Bihar I of 1950) for being taken over by the Government of
Bihar and in consequence the estate statutorily vested in the State on and from
November 3, 1951. Section 4(h) of the Bihar Land Reforms Act enacts:
"The collector shall have power to make
inquiries in respect of any transfer including the settlement or lease of any
land comprised in such estate or the transfer of any kind of 834 interest in
any building used primarily as office or kutcbery for the collection of rent of
such estate or tenure or part thereof, made at any time after the first (lay of
January 1946 and if he is satisfied that such transfer was made with the object
of defeating any provisions of this Act or causing loss to the State or
obtaining higher compensation thereunder the Collector may, after giving
reasonable notice to the parties concerned to appear and be heard and with the
previous sanction of the State Government, annul such transfer, dispossess the
person claiming under it and take possession of such. property on such terms as
may appear to the Collector. to be fair and equitable." It will be noticed
that the lease in favour of the Raja's younger brother was dated January 16,
1948 and therefore was well within the period specified in the provision. It
was the contention of the State that the buildings on the property which were
the subject of the lease dated January 16, 1948 were being used by the Raj
primarily as an office or kutcheri for the collection of rent a fact which
however was disputed and is a subject of contest in the proceedings now sought
to be quashed. On November 27, 1955 a notice was issued to Basant Narain to
show cause why the lease executed in his favour on January 16, 1948 should not
be set aside under the power conferred upon the Collector by s. 4(h).
Basant Narain submitted his objections and
stated that the leased properties were not covered by s. 4(b). Before however
this enquiry was completed, Basant Narain surrendered his leasehold interest to
the assignee of the reversion, viz., the Trust, by a registered deed dated
January 1, 1957. Subsequently on June 1, 1959 the Trust which thus became
entitled to the entire interest in the property in its turn leased the property
to one Bansidhar and about a month later, on July 3, 1959 835 Bansidhar
assigned his leasehold interest in the property to the petitioner company and
that is how the petitioner came upon the scene.
On November 13,1959 the Collector pawed an
order cancelling the lease. The petitioner who laid claim to a title to the
property under the assignment in its favour dated July 3, 1959, applied to the
Collector to set aside his order both on the merits and also on the ground that
the order of November 13, 1959 had been passed to its prejudice without giving
it an opportunity to make its objections even though by that date it had
obtained title to the property and therefore a locus standi to be heard. We are
not now concerned with the correctness or otherwise of the contention raised by
the petitioner, because the State of Bihar set aside the order of the Collector
and directed a re-enquiry and in this re-enquiry the petitioner filed a
petition before the Collector on August 9, 1960 setting out its case.
It was during the progress of this last
enquiry that the petitioner moved this Court by the present petition for the
reliefs which we have already set out. Pausing here it is necessary to add that
the constitutional validity of s. 4(h) is not challenged and the case therefore
turns on whether the property satisfies the conditions on which the section is
attracted. The relief sought in this petition is based on two allegations: (1)
that the land on which the buildings stand is raiyati land and therefore could
not be taken possession of by the State under the Bihar Land Reforms Act and (2)
that the buildings standing thereon were previously used for the residential
purpose of the' Raja and his family and not as a kutcheri. The enquiry has been
proceeding before the Collector in regard to these two points and it may be
mentioned that when the petitioner applied to this Court for a stay of
proceedings before the Collector,, this Court passed an order permitting the
enquiry to continue' though it stayed the passing of 836 any order by the State
Government. It will thus be seen that if the contention of the State is correct
as regards the tenure of the property and as regards the purpose for which the
buildings were used, the title of the State to the property would be made out
and the petitioner could have no legitimate grievance. If, on the other hand,
the petitioner establishes in the enquiry the case that it has put forward in
the petition it is bound to succeed. Thus the question whether petition has any
right to the property which it claims depends wholly on questions of fact which
are plainly within the jurisdiction of the authorities constituted under the
Bihar Land Reforms Act. Before a party can complain of an infringement of his
fundamental right to hold property he must establish that he has title to that
property and if his title itself is in dispute and is the subject of
adjudication in proceedings legally constituted, he cannot obviously put
forward any claim based on his title until as a result of that enquiry he is
able to establish his title.
It is only thereafter that the question
whether his rights in or to that property have been improperly or illegally
infringed could arise.
In the circumstances we consider that the
petitioner can complain of no infringement of its fundamental right, as to
justify a petition under Art. 32. The petition is dismissed with costs.
Petition dismissed.
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