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PETITIONER: THAKUR MANMOHAN DEO AND ANOTHER
Vs.
RESPONDENT: THE STATE OF BIHAR AND OTHERS.(AND CONNECTED APPEAL)
DATE OF JUDGMENT: 19/09/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. KAPUR, J.L. SUBBARAO, K. HIDAYATULLAH, M. AYYANGAR, N. RAJAGOPALA
CITATION: 1961 AIR 189 1961 SCR (1) 695
ACT: Ghatwali Tenure-Government ghatwalis-Applicability of Bihar Land Reforms Act-Legislative competence-Pith and substance of legislation-Bengal Regulation, 1814 (Regulation 29 of 1814)-Bihar Land Reforms Act, 1950 (Bihar 30 of 1950), ss. 2(0) (q) (r), 23 (1) (f), 32(4).
HEADNOTE: The appellants were holders of ghatwali tenure called Rohini and Pathrole ghatwalis and were governed by Bengal Regulation XXIX of 1814. The Bihar Land Reforms Act, 1950, was enacted by the Bihar State Legislature and came into force on September 25, 1950. In suits instituted by the appellants the question was raised as to whether under the provisions of the Act the State could acquire their ghatwalis. They claimed (1) that the Act was not applicable to the Government ghatwali tenures like Rohini and Pathrole ghatwalis which could not be acquired by the State under S. 3 of the Act, in view of the definition clause in S. 2 and SS. 23 (1) (f) and 32(4), (2) that the Act did not purport to repeal Bengal Regulation XXIX of 1814 and inasmuch as the said Regulation dealt...