LexMOTIPUR ZAMIDARI CO. LTD versus THE STATE OF BIHAR AND ANOIHER
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195.1 720 SUPREME cotrR~ 1 REPOR'l'S [19531 JIIO'I'fPUR ZAMINDARI CO. LTD. v. THE STATE OF BIHAR AND ANO'I'HER. RAJA JA:N"JUNATH ROY AND NARENDRA NATH ROY AND CO. TJTD. v. 'I'HE STA'I'E OF BIHAR AND ANOTHER. [PATANJALI SASTRI C. J., MuKHERJEA, S. R. DAs. GHULAM HASAN and BHAGWATI JJ.] Bihcir Laud Reforms Act, 1950, ss. 2 (o) aiid (r), 3-Applicabil· ity of Act to cmnpanies-'iPerson'', "proprietor'', ''tenure-holder", meaniuys of . . The. word" person" in the definitions of 1 ' proprietor" and "tenure-holder" contained in s. 2 (o) and s. 2 (r) respectively of the Bihar Land Reforms Act, 1950, includes companies incorpor- ated under the Indian Companies Act, 1913. There is nothing repugnant in the subject or context of the Act to prevent the inclusion of a company within the terms " proprietor" and • 0 tenure-holder". On the contrary such inclusion is necessary in order to give full effect to the object of the Act. Pharmaceutical Society v. The London and Provincial Suppl11 Association, Limited (1880) 5 App. Oas. 857 distinguished. CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 6'2 and 63 of 1953. Appeals under Article 13'2 (1) of the Constitution of India from the Judgment aud Order dated '22nd December, 195'2, of the High Court of Judicature at Patna (Ramaswami and Sarjoo Prosad JJ.) in Miscellaneous Judicial Cases Nos. '238 and '24'2 of 1952. P. R. Das (J. C. Sinha and L. K. Chaudhry, with him) for the appellant in both the appeals. M. 0. Setalvad, Attorney-General for India (L. N. Sinha and Bajrang Sahai, with him) for the respond- ents in both the appeals. 1953. April 17. The Judgment of the Court was delivered by S. R. DAS J. .. l 8.0.R. SUPREME COURT REPORTS 721 ' DAS J.-Tbis judgment disposes of Civil Appeals No. 62 of 1953 and No. 63 of 1953 which have been heard together. The Motipur Zamindari Company Ltd., the appel- lant in Civil Appeal No. 62 of 1953, was incorporated in 1932 under the Indiau Companies Act and has its registered office in Bengal. It supplies sugar-cane to a sister concern named Motipur Sugar Factory Ltd. Raja J ankinath Roy and N arendra Nath Roy and Co., Ltd., the appellant in C. A. No. 63 of 1953, was · incorpor:i.ted in 1933 under the Indian Companies Act and also has its registered office in Bengal. This company owns Zamindari properties in Purnea in the State of Bihar as well as in Maida in the State of West Bengal. It carries on business, amongst others, as banker and financier. On the ·30th December, 1949, a bill entitled the Bihar Land Reforms Bill was passed by the Bihar r~egislature and having been reserved for the consider- ation of the President received bis assent on the 11th September, 1950. 'l'be Act so passed and assented to was published in the Bibar Gazette on the 25th September, 1950, and was brought into force on the same day by a notification made by the State Govern- ment in exercise of powers conferred on it by section 1(3) of the Act. Many of the proprietors and tenure- holders of Zamindari estates took proceedings against the State of Bihar for appropriate orders restraining the State Government from taking over the estates under the provisions of the Act which they claimed to be beyond the legislatiye competency of the Bihar Legislature and otherwise void. On the 12th March, 1951, a Special Bench of the Patna High Court held that the Act was unconstitutional on account of its contravention of article 14 of the Constitution. The State of Bihar appealed to this Court. Pending that appeal, the provisional Parlia- ment passed the Constitution (First Amendment) Act, 1951. The respondents in the main appeal took proceedings in this .Court, contending that the Act amending the Constitution w11s invalid. This 1953 Motipur z.,.mindari Co. Ltd. v. The State of Biht1r and A not her. Da11J, 1968 Motipur Za1nindari Oo. Ltd. v. The Stato of Bihar and Another. Da.s J. 722 SUPREME COURT REPORTS [1953] • Court, however, on 5th October, 1951, upheld the validity of the amending Act. On 6th November, 1951, notifications were issued under section 3 of the Bihar Act declaring that certain Touzies belonging to the appellants specified in the notification had passed to and become vested in the State. Both the appellants made separate applications to the Patna High Court under article 226 of the Constitution praying for mandamus or suitable direc· tion or' order re
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