STATE OF BIHAR AND ANOTHER versus UMESH JHA

STATE OF BIHAR AND ANOTHER versus UMESH JHA

Section 4(h) of the Bihar Land Reforms Act, 1950 as amended is protected by Article 31A and its constitutional validity cannot be questioned under Articles 14, 19, or 31, as it is part of a law directed to acquisition and extinguishment of rights in estates; the second proviso added by the amending Act is not retrospective, so orders made prior to amendment require only previous sanction, not subsequent confirmation.

Parties
Appellant: State of Bihar; Respondent: Umesh Jha
Jurisdiction
India
Judgment Date
03 May 1961
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Patna High Court Dated February 21, 1956 in Misc. Judicial Case No. 53 of 1955
Outcome
Appeal allowed
Legal Topics
Vesting of Estate, Anticipatory Settlement Annulment, Constitutional Validity, Retrospective Amendment, Land Acquisition
Constitutional Law Land Reform Vesting of Estate Anticipatory Settlement Annulment Constitutional Validity Retrospective Amendment Land Acquisition

Case Brief

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Parties

State of Bihar

Appellant

Umesh Jha

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Patna High Court Dated February 21, 1956 in Misc. Judicial Case No. 53 of 1955

Legal Issues

  1. 1 Whether section 4(h) of the Bihar Land Reforms Act, 1950, as amended, is protected by Article 31A of the Constitution and its constitutional validity can be questioned under Articles 14, 19 and 31
  2. 2 Whether the second proviso added by the amendment to s. 4(h) is retrospective in operation

Ratio Decidendi

Section 4(h) of the Bihar Land Reforms Act, 1950 as amended is protected by Article 31A and its constitutional validity cannot be questioned under Articles 14, 19, or 31, as it is part of a law directed to acquisition and extinguishment of rights in estates; the second proviso added by the amending Act is not retrospective, so orders made prior to amendment require only previous sanction, not subsequent confirmation.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Parties to bear their own costs here and in the High Court