RAM JANKIJEE DEITIES AND ORS. versus STATE OF BIHAR AND ORS.

RAM JANKIJEE DEITIES AND ORS. versus STATE OF BIHAR AND ORS.

Consecrated Hindu deities with separate endowments and possession are to be treated as independent juridical persons and consequently are entitled to separate land units under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961; denying such would be contrary to settled law. Judicial propriety also mandates lower benches to either follow or refer to earlier binding judgments.

Parties
Appellant: Ram Jankijee Deities; Respondent: State of Bihar; Respondent Nos. 6 to 27: Jitendra Sharma (Ms. J. Ahmed) for P. Gaur
Jurisdiction
India
Judgment Date
11 May 1999
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court Judgment
Outcome
Appeal allowed
Legal Topics
Juridical Status of Deities, Ceiling on Land Holdings, Dedication of Property, Judicial Propriety, Religious Endowments
Hindu Law Property Law Land Reform Juridical Status of Deities Ceiling on Land Holdings Dedication of Property Judicial Propriety Religious Endowments

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Parties

Ram Jankijee Deities

Appellant

State of Bihar

Respondent

Jitendra Sharma (Ms. J. Ahmed) for P. Gaur

Respondent Nos. 6 to 27

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court Judgment

Legal Issues

  1. 1 Whether consecrated Hindu deities are separate juridical persons entitled to hold property and claim separate units under land ceiling law
  2. 2 Whether the finding of the Single Judge contradicting a prior Division Bench order was proper

Ratio Decidendi

Consecrated Hindu deities with separate endowments and possession are to be treated as independent juridical persons and consequently are entitled to separate land units under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961; denying such would be contrary to settled law. Judicial propriety also mandates lower benches to either follow or refer to earlier binding judgments.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside and quashed.
  • Entitlement for two units noted in government records.