High Court Patna High Court - Orders

Bibi Lutfun Nisan Begum & Othe vs The State Of Bihar & Ors on 23 June, 2011

Patna High Court – Orders
Bibi Lutfun Nisan Begum & Othe vs The State Of Bihar & Ors on 23 June, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.736 of 2006
               Bibi Lutfun Nisan Begum and others Wakf Estate through its Motawalli
               Syed Asad Raza, Son of Late Nawab Syed Raza Ali Khan, resident of
               Hussainabad, P.S. Ariari, District Sheikhpur, Old Munger.
                                                                           -Petitioner.
                                         VERSUS

          1.   The State of Bihar through the Chief Secretary, Bihar, Old Secretariat, Patna.
          2.   The Land Revenue Secretary, Bihar, Old Secretariat, Patna.
          3.   The Land Revenue Commissioner, Old Secretariat, Patna.
          4.   The Commissioner, Munger Division, Munger.
          5.   The Collector, Munger.
          6.   The Collector, Sheikhpura.
          7.   The Additional Collector, Sheikhpura.
          8.   The Sub-Divisional Officer, Sheikhpura.
          9.   The Anchal Adhikari, Arari Block, Old Munger, New Sheikhpura.
                                                                            -Respondents.
                                         -----------

03 23.06.2011 This case depicts a very sorry state of affairs.

The writ petition has been filed by Bibi Lutfun Nisan Begum

and others Wakf Estate through its Motawalli Syed Asad Raza

of Hussainabad, P.S. Ariari, District Sheikhpur, old District

Munger. This writ petition was filed for issuance of a direction

to the State for payment of annuity in terms of Section 21(2)

and Section 24(3) of the Bihar Land Reforms Act. Why this

Court finds it to a strange case is that the rights of

intermediaries (Jamabandis) were abolished in the year 1955

and compensations were to be paid upon determination of

various issues. We are in the year 2011 but things have not yet

attained finality.

Counter affidavit has been filed in which it is

asserted that the Revenue Commissioner has passed an order

adverse to the petitioner on 11.08.2004 which has not been
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challenged. The order of the Revenue Commissioner has been

appended to the counter affidavit as Annexure-C. Petitioner

thereafter filed interlocutory application, being I.A. No.6497 of

2007, appending the same as Annexure-10 and challenging the

same. The order of the Revenue Commissioner is even more

interesting and intriguing. Instead of resolving the issue he

has taken a complete tangent.

Having heard the matter, with consent of

parties, the writ petition is being disposed of at this stage itself.

Under the Bihar Land Reforms Act apart from

other intermediary interest being vested one class of case that

was considered was where the interest was held as a religious

trust or a Wakf purely for the benefit of others that is to the

exclusion of the holder. In other words, the income of the

intermediary from the said would only be enjoyed by people at

large or the deity but not by the trustee or any individual

beneficiary. For this purpose claims had to be laid as provided

under the Act and the Rules framed thereunder and upon

examination first in terms of Section 21 (2) a recommendation

had to be made by the Collector of the district to the State

Government and State Government was then to declare it as a

trust or a Wakf aforesaid. The consequence of this declaration

would be that the income from the intermediary interest in

respect of the trust would then be calculated and instead of

compensation payable under Section 24 yearly annuity would
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be fixed in terms of Section 24(3) of the Bihar Land Reforms

Act. The yearly annuity was to be equal to the annual income

of the trust. The same was then required to be paid on year to

year basis, but pending finalization Act authorizes ad interim

payment. It appears that in the year 1953 itself claim was duly

lodged on behalf of the petitioner’s trust before the Collector,

Munger, as he then was. Apparently, matters were enquired

into but then there is a void not of a short period but a longer

period of several decades. There are contemporaneous

communications from the Circle Officer and Collector showing

that the original records were missing and they have been

reconstructed. The fact remains that the recommendation of

the Collector to the State Government in terms of Section 21(2)

of the Bihar Land Reforms Act is not itself clearly available on

record but there appears to be some documents showing that

these considerations were taken up and from time to time ad

interim annuity was paid. Records also reveal as per order

passed by the Circle Officer in Case No.01 of 2003-04 dated

11.07.2003 (Annexure-3 to the writ petition) that apart from

accepting that it was a trust entitled to annuity in terms of

Section 24(3) of the Act there are calculations to show that the

annual annuity have been worked out to Rs.26,789.02. The

said communication also shows that from time to time some

amount was paid including an amount of Rs.3487.14 on

29.03.1989. Now the matter is referred to the State
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Government apparently both in respect of declaration as

contemplated under Section 21(2) and for fixing the annuity at

the rate of Rs.26,789.02 and for payment of arrears which is

also computed in this letter of the Circle Officer. These

recommendations are ultimately dealt with by the Revenue

Commissioner. The Revenue Commissioner confuses the

whole issue instead of objectively first considering and passing

orders in terms of Section 21(2) and then approving the annuity

as recommended makes a sweeping statement without passing

any order under Order-XXII that the annuity had been fixed at

Rs.3487.14 which is factually incorrect as the communication

of the Circle Officer would show that this is the ad interim

payment that was made on 29.03.1989. It is virtually these

which had brought the petitioner to this Court.

In my view, this Court is not called upon to

decide the issue of Section 21(2). That obligation is on the

State to take a decision therefor. There are recommendations

in favour of the petitioner both with regard to order to be

passed in terms of Section 21(2) and in terms of Section 24(3)

of the Act fixing annuity.

I, therefore, direct the Revenue Commissioner

or any other competent officer of the State after perusing the

records to pass final orders objectively in terms of Section

21(2) and objectively determine the annuity payable if any to

the petitioner. In case, it is found that after adjusting ad
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interim payments made any amount is due and payable State

would ensure that the same is paid within three months of the

determination and would be continued to be paid on yearly

basis by the district authorities thereafter. It may be not out of

place to remind the State that vesting of property took place

way back in 1953-55 but this being the only compensation to

the persons deprived of their properties. The State cannot sleep

over the matter for over half a century. It is high time the

matter reaches finality. The order of the Revenue

Commissioner, as contained in Annexure-C to the counter

affidavit (Annexure-10 to the interlocutory application), is set

aside. It is expected that the final orders would be passed

within three months from the date of production of a copy of

this order before the Revenue Commissioner.

With these observations and directions, the writ

petition is allowed.

Trivedi/                            (Navaniti Prasad Singh, J.)