STATE OF BIHAR versus RAMESHWAR PRATAP NARAIN SINGH AND OTHERS.

Citation: [1962] 2 S.C.R. 382 · Decided: 25-04-1961 · Supreme Court of India · Bench: BHUVNESHWAR PRASAD SINHA · Disposal: Directions issued
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Judgment (excerpt)

April 25. 
382 
SUPREME COURT REPORTS 
[1962] 
STATE OF BIHAR 
v. 
RAMESHWAR PRATAP NARAIN SINGH 
AND OTHERS. 
(B. P. SINHA, c. J., A. K. SARKAR, K. c. DAS GUPTA, 
N. RAJAGOPALA AYYANGAR and J. R. MUDHOLKAR JJ.) 
Mela-Right of ex-proprietors to hold Melas after abolition of 
proprietory tenures-Enactment empowering State Government to 
hold such Me!as-If violative of fundamental rights-Legislative 
competence-Acquisition without public purpose-Constitution of 
India, Arts. r4, I9, JI, 3rA, 246-Bihar Land Reforms Act, 1950 
(Bihar Act 30 of z950), ss. 4, 6-Bihar Land Reforms Amendment 
Act, 1959 (Bihar Act XV I of z959), ss. 4, 7A, 78, 7C. 
After the estates and tenures of proprietors or tenure-
holders had passed to and became vested. in the State by virtue 
of the Bihar Land Reforms Act, 1950, the Revenue Authorities 
interfered with the rights of those ex-proprietors and ex-tenure-
holders to hold Melas on lands which were occupied by them 
thereafter as occupancy raiyats and collected toJ!s from such 
Melas on behalf of the Government wherepon those intermedia-
ries made applications to the High Court for writs restraining 
the Government from such interference which were allowed by 
the High Court. During the pendency in this Court of these 
appeals preferred by the Officers of the State of Bihar against 
the order of the High Court the Bihar Land Reforms Amend-
ment Act, 1959, was passed amending the Bihar Land Reforms 
Act of 1950 with retrospective effect by which the word Mela was 
added after the words jalkars, hats and bazars in s. 4, cl. (b) of 
the amended Act. Further amendments provided inter alia that 
the State Government and not the intermediaries except with 
the consent of the State Government shall have the right to 
hold such Melas. 
The main question arising for decision in 
these appeals and certain other applications made to this Court 
under Art. 32 of the Constitution of India was whether the 
amending legislation violated Arts. 14, 19 and 31 of the Con-
stitution. 
Held, that the Bihar Land Reforms Amendment Act, 1959, 
is a law providing for the acquisition. by the State of rights in 
an "estate" within the meaning of Art. 31A of the Constitution 
and even if it is assumed that it abridges the rights conferred 
by Arts. 14, 19 and 31 of the Constitution its provisions are not 
void on that ground. 
The amending legislation was within the legislative com-
petence of the Legislature under Art. 246 of the Constitution 
and after its amendment the legislative list permitted the State 
2 S.C.R. 
SUPREME COURT REPORTS 
383 
Legislature to enact a law of acquisition even without a public 
purpose. 
State of Bihar 
v. 
The State of Bihar v. Sir Kameshwar Singh, [1952] S.C.R. 
889, considered. 
Ra:meshwar Pratap 
JURISDICTION: Civil 
Appeal Narain Sin:h 
CIVIL 
APPELLATE 
No. 27 of 1960 
WITH 
Civil Appeals Nos. 574, 92, 411 and 285 of 1960, 
351 of 1959 and Petitions Nos. 20 and 106 of 1960. 
Appeal by special leave from the judgment and 
order dated August 6, 1957, of the Patna High Court 
in M. J. C. No. 57 of 1956. 
Lal Narayan Sinha and S. P. Varma, for the appel-
lants (in C. A. No. 27 of 1960). 
D. Goburdhan, for respondents Nos. 1 to 7. 
K. K. Sinha, for the appellant (in C. A. No. 574 of 
1960). 
D. P. Singh, for the respondent. 
D. P. Singh, for the appellants (in C. A. No. 92 
of 1960). 
D. Goburdhan, for the respondents. 
R. C. Prasad, for the appellants (in C. A. No. 411 
of 1960). 
L. K. Jha, S. K. Jha and K. K. Sinha, for the res-
pondents. 
S. P. Varma, for the appellants (in C. A. No. 285 of 
1960). 
L. K. Jha, R. K. Garg and S. C. Agarwal, for the 
respondent. 
S. P. Varma, for the appellant (in C. A. No. 351 
of 1959). 
R. K. Garg and S. 0. Agarwala, for the respondents. 
• 
Tarkeshwar Dayal, K. K. Sinha and R. 0. Prasad, 
for the petitioners (in Petition No. 20 of 1960). 
Lal Narayan Sinha and S. P. Varma, for respon-
dent No. 1. 
R. K. Garg and S. C. Agarwala, for the petitioner 
(in Petition No. 106 of 1960). 
S. P. Varma, for respondent No. 1. 
State of Hihar 
384 
SUPREME COURT REPORTS 
(1962] 
1961. 
April 25. 
The judgment of the Court was 
delivered by 
v. 
DAS GUPTA, J.-The common question which ari-
Ramesh'."a' Pratap ses for decision in this group of cases is as regards the 
Nararn Singh validity of the Bihar Act No. XVI of 1959 (Bihar 
Das Gupta J. Land Reforms Amendment Act, 1959), in so far as it 
amends with retrospective effect sections 4 and 6 of 
the Bihar Land
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