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Issues:
Construction of s. 4(h) of the Bihar Land Reforms Act, 1950 as amended by the Bihar Land Reforms (Amendment) Act, 1959; Jurisdiction of the Collector under the Act; Constitutional validity of s. 4(h) under Arts. 14, 19, and 31 of the Constitution; Interpretation of the relevant provisions of the Amending Act; Retrospective operation of the amendments made by the Amending Act; Compliance with the provisions of the Act by the Collector. Analysis: The case involved the interpretation of s. 4(h) of the Bihar Land Reforms Act, 1950, as amended by the Bihar Land Reforms (Amendment) Act, 1959. The respondent claimed settlement of certain plots before the Act came into force, but the Additional Collector annulled the settlement as being made after January 1, 1946. The High Court set aside the Collector's order, leading to the appeal. The State contended that the amended section empowered the Collector to decide post-1946 transfers. The respondent argued against the retroactive effect of the amendment and questioned the constitutional validity of s. 4(h) under Arts. 14, 19, and 31 of the Constitution (para 2-4). The Court addressed the constitutional validity issue by applying the principle laid down in a previous case, holding that s. 4(h) was integral to the Act and protected by Art. 31A of the Constitution. The Court rejected the respondent's challenge based on fundamental rights (para 5-6). The main issue revolved around the interpretation of the amendments made by the Amending Act to s. 4(h) of the Act. The Court analyzed the changes brought about by the amendment, particularly the retrospective nature of certain provisions. The Court concluded that the amendment regarding the requirement of State Government confirmation was prospective, not retrospective, ensuring smooth operation of the section (para 10-11). The Court also dismissed the respondent's argument regarding compliance with the Act's provisions by the Collector, noting the absence of specific allegations or arguments raised earlier. Consequently, the Court set aside the High Court's order and allowed the appeal, directing parties to bear their own costs (para 12-13). In summary, the judgment clarified the powers of the Collector under the amended Act, upheld the constitutional validity of s. 4(h), and interpreted the amendments made by the Amending Act regarding retrospective application. The Court's decision favored the State's position, emphasizing the importance of compliance with statutory provisions and legal procedures in such matters (para 1-14).
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