National Educational Development Trust Jehanabad & Bihar Educational Development Trust Jehanabad v. The State Of Bihar & Ors.

Patna High Court LPA No.497 of 2013 (2) dt.25-09-2013 2 After the dismissal of the writ petition, the respondents have proceeded under the Act and have passed final orders on 30.4.2013 cancelling the municipal survey entry and directed the name of the State of Bihar to be recorded. I.A. No.5963/13 has been filed challenging the order dated 30.4.2013. Considering that the final order is a sequel to the dismissal of the writ application, dependent for its validity on the outcome of the order passed in C.W.J.C. No.2890/13, and in order to shorten the litigation between the parties, we consider it proper to allow I.A. No.5963/13 permitting the appellant to assail the order dated 30.4.2013 in the present proceedings itself. The short question of law for our consideration is if Municipal Survey entries can be agitated and decided under the Act, or are they excluded from its jurisdiction. Learned counsel for the appellant submitted that proceedings under the Act can be held in respect of matters covered under the Bihar Land Reforms Act, 1950, The Bihar Tenancy Act, 1885, the Bihar Privileged Persons Homestead Tenancy Act, 1947, The Bihar Bhoodan Yajna Act, 1954, The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961 and the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. Referring to the Preamble of the Act it was submitted that the Act was prompted by disputes relating to record of rights, Patna High Court LPA No.497 of 2013 (2) dt.25-09-2013 3 entries in Revenue records, unlawful occupation of Raiyati lands, forcible dispossession of allottees and settlees on public land which could be decided expeditiously by Revenue Authorities in possession of records. Such disputes created turbulence in society and required speedy mechanism for disposal with a common forum and uniform procedure. Section-3 expressly provides that notwithstanding different procedures provided in the aforesaid Acts, the procedure provided under the Act alone shall apply to disputes under the same. Referring to Section-4 it was submitted that none of the Sub-sections authorize the authority under the Act to examine municipal matters arising out of entries in the municipal survey khatiyan. Reliance was placed on separate law available and applicable for the purpose in the Bihar and Orissa Municipal Survey Act, 1920 (hereinafter referred to as the Municipal Act) and the Bihar and Orissa Municipal Survey Rules framed thereunder. If the Legislature while framing the Act specifically kept municipal matters outside its purview, the learned Single Judge erred in holding that a municipal survey khatiyan was also a record of rights in respect of land falling within the jurisdiction of the municipality. In that event, the Municipal Survey Act and Rules are rendered completely redundant. Learned counsel for the State supported the order under appeal. It was submitted that the order dated Patna High Court LPA No.497 of 2013 (2) dt.25-09-2013 4

30.4.2013 is well considered and reasoned for the manner in which wrongful possession was continued and entries obtained in the municipal survey khatiyan contrary to the law. Referring to the Act we were sought to be persuaded that it was framed in the larger public interest to provide for effective and speedy mechanism to resolve disputes which may give rise to major turbulence, if not addressed immediately. We fail to understand how a claim by the State to certain lands against an individual can give rise to a major turbulence when no third party rights are involved. In all the six laws mentioned above, the genus is different as it inevitably leads to clash of private interests for which turbulence can certainly take place. We concur with the submission on behalf of the Appellant that the interpretation in the order under Appeal renders the Municipal Act and Rules completely redundant. Such an interpretation has to be avoided. The Legislature also in its wisdom has kept the Municipal Act outside the purview of the Act. The Municipal Act is a complete Code providing for Municipal Survey under Section-3 of Municipal Lands and entries made accordingly. Section-6 provides for notice to the landowner. Section-8 talks of draft publication of map and record. Objections are to be considered and disposed under Section-9 leading to final publication under Patna High Court LPA No.497 of 2013 (2) dt.25-09-2013 5 Section-10. Section-11 provides that entries in the record of rights published under Section-10 shall be presumed to be correct. The impugned order dated 30.4.2013 itself notices final publication under Section-10 on 7.12.2004. In conclusion, we are of the considered opinion that the provisions of the Act could not have been invoked for effecting corrections in the municipal survey khatiyan which is covered under a completely different law regulated by the Bihar and Orissa Municipal Survey Act and the Rules framed thereunder specifically kept out of the purview of the Act. We therefore hold that the proceedings under the Act before the D.C.L.R., Jehanabad, were completely without jurisdiction. The order dated 30.4.2013 is held to be void ab initio as without jurisdiction and unsustainable. The order under Appeal holding to the contrary, dated 28.2.2013 is also set aside. This order shall be without prejudice to the rights of the respondents to proceed afresh under the appropriate law, if so advised. The appeal is allowed. (Navin Sinha, J) (Vikash Jain, J) K.C.jha/-