9911796707
TMI Blog2007 (3) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... 24, 1998 in Civil Writ Jurisdiction Case No. 3008 of 1998. Brief facts of the case leading to the present appeal are that a return was filed by the landholder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act ). It was alleged that the landholder possessed excess land. A draft statement under Section 10 was issued by the Collector under the Act. The landholder objected to the proceedings and asserted that he did not possess land in excess of ceiling area. An enquiry was made and verification reports were submitted by the Circle Officers (Anchal Adhikaris). The Deputy Collector, Land Reforms, (DCLR) Samastipur, vide his order dated January 07, 1976 upheld th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e landholder possessed 96.40 acres of land. He was entitled to only one unit. Thus, he could retain only 25 acres of Category III land and the remaining land of 71.40 acres was required to be declared surplus. An order was passed to that effect. A direction was also given to take appropriate steps for issuance of final statement under Section 11 of the Act. The appellant preferred an appeal against the said order before the Collector under Section 30 of the Act. It was, inter alia, contended that the order dated January 7, 1976 declaring that the landholder did not possess excess land, had not been challenged and attained finality. The notification and final statement which was required to be issued under Section 11 of the Act had not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, permissible and the order passed by the Additional Collector, Darbhanga and Collector, Darbhanga could not be said to be unlawful. The learned Single Judge noted that though the order was passed in 1976, no final notification under Section 11(1) of the Act was issued prior to April 9, 1981 when the Act was amended and Sections 32A and 32B were added. In the circumstances, observed the learned Single Judge, initiation of fresh proceedings was permissible and the order passed in those proceedings could not be objected. The writ petition was, therefore, dismissed. The Division Bench in Letters Patent Appeal confirmed the order of the learned Single Judge. The said order has been challenged in this Court. On February 4, 2000, notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and submitted that they were right in holding that since no final notification under Section 11(1) was issued, the proceedings could not be said to have been concluded and in view of amendment in 1981, action could be taken under Section 32B of the Act and appellant had no right to make grievance against it. Having considered the rival submissions of the learned counsel for the parties, in our opinion, the appeal deserves to be partly allowed. So far as the contention of the appellant that the proceedings had been initiated in 1973- 74 and final order was passed on January 7, 1976 is not disputed and cannot be disputed. If it is so, submission of the appellant is well founded that final statement as required by sub-section (1) of Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SC 1353, wherein it was held by this Court that where an obligation is cast on a party and he commits a breach of such obligation, he cannot be permitted to take advantage of such situation. This is based on the Latin maxim Commodum ex injuria sua nemo habere debet (No party can take undue advantage of his own wrong). In Union of India Ors. v. Major General Madan Lal Yadav (Retd.), (1996) 4 SCC 127, the accused-army personnel himself was responsible for delay as he escaped from detention. Then he raised an objection against initiation of proceedings on the ground that such proceedings ought to have been initiated within six months under the Army Act, 1950. Referring to the above maxim, this Court held that the accused could not take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nged to him and located in District of Darbhanga were not shown in the earlier proceedings. In other words, the allegation was that the landholder had played fraud upon the authorities and on the statute by not furnishing true and full facts as to the land possessed by him. If it is so, irrespective of statutory provisions, an appropriate action can be taken. Though the question was raised before the statutory authorities under the Act, the High Court (learned Single Judge as also the Division Bench) had decided the case only on the basis of Section 32B of the Act which could not have been done. In view of our findings as to non-applicability of Section 32B to the case on hand, we consider it appropriate to remit the matter to the Division ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
