SANT SARAN GOSWAMI @ DEOJI versus THE STATE OF BIHAR AND ORS.

SANT SARAN GOSWAMI @ DEOJI versus THE STATE OF BIHAR AND ORS.

Baletha Math is a part of Dhanauti Math and cannot be treated as an independent person; the land belonging to the appellant must be included with Dhanauti Math under the ceiling provisions. Reopened proceedings having become final and not challenged in the High Court cannot be reopened at this stage.

Parties
Appellant: Sant Saran Goswami @ Deo Ji; Respondents: The State of Bihar and Ors.
Jurisdiction
India
Judgment Date
17 January 1995
Procedural Posture
Civil Appeal / Appeal From Order of Patna High Court
Outcome
Appeal dismissed
Legal Topics
Fixation of Land Ceiling, Trusts in Landholding, Definition of Family Under Bihar Land Reforms Act
Property Law Land Reform Fixation of Land Ceiling Trusts in Landholding Definition of Family Under Bihar Land Reforms Act

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Parties

Sant Saran Goswami @ Deo Ji

Appellant

The State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of Patna High Court

Legal Issues

  1. 1 Whether Baletha Math is entitled to treat its land independently from lands of Dhanauti Math for determination of ceiling area
  2. 2 Validity of reopening of proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961 after abatement by virtue of Section 32-A

Ratio Decidendi

Baletha Math is a part of Dhanauti Math and cannot be treated as an independent person; the land belonging to the appellant must be included with Dhanauti Math under the ceiling provisions. Reopened proceedings having become final and not challenged in the High Court cannot be reopened at this stage.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.