1961 (4) TMI 134

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..... nst an order of the Patna High Court directing the issue of a writ of certiorari on the application of the respondent under Article 226 of the Constitution, that though she as the raiyat in possession of the plots mentioned in the application had the right to hold Mela thereupon the Revenue authorities were proposing to settle the right to collect tolls from the Mela and her objections had been re .....

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..... 2. Against this decision the State of Bihar and its officers have filed the present appeal after obtaining special leave. 3. In 1959, after the special leave was obtained the Bihar Legislature amended the Bihar Land Reforms Act and as we have decided in State of Bihar v. Rameshwar Pratap Narain Singh, and Writ Petns. Nos. 20 and 106/60 [1962]2SCR382 , in which judgment has been pro .....

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..... The High Court found it unnecessary to examine this matter, as on the law as it stood before the amendment in 1959, it had no difficulty in holding that whether the settlement was real or not, Government could not interfere with the petitioner's right to hold Mela on the lands. On the law as it now stands, the question whether the settlement was benami or not becomes important. Proceeding, how .....

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