SIRISIA STHAL, IMLI CHATI, MUZAFFARPUR & ORS. v. STATE OF BIHAR & ORS.
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Dr. Arijit Pasayat
- P. Sathasivam
- (Judges)
- Judgment Date
- 2008-02-11
- Court Decision / Holding
- The High Court’s impugned order is set aside and the matter is remitted to the High Court for fresh consideration in accordance with law; the writ petition is to be heard on its merits, with a view to constitutional validity, and preferably decided by October 2008.
- Final Disposition
- Appeal allowed; remitted to High Court for fresh consideration in accordance with law.
Parties to the Case
Appellants / Petitioners
- SIRISIA STHAL, IMLI CHATI, MUZAFFARPUR & ORS.
Respondents
- STATE OF BIHAR & ORS.
Legal Representation & Advocates
Counsels for Petitioners
- • S.B. Sanyal
- • Ranjan Mukherjee
Counsels for Respondents
- • Saurabh Kirpal
- • Gopal Singh
Case Synopsis & Summary
The appeal challenges the vires of provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The writ petition contends that amendments to Section 29, and the abolition or modification of exemptions previously granted under Section 29(2)(a)(ii), undermine constitutional limits and exceed legislative competence. The High Court dismissed the petition, referring to the Ninth Schedule of the Constitution, and held that the writ petition could not be entertained because the matter involved an enactment included in the Ninth Schedule. The appellants argued that the question of maintainability and the challenged amendments did not depend on the 9th Schedule, and that the exemptions granted earlier had been altered; they claimed that the case should be examined on its merits, with a view to the constitutional validity of the challenged provisions, not dismissed on the procedural technicality. The State submitted that although the amendment was not in the Ninth Schedule, the effect is to delete the exemption with retrospective effect. The Supreme Court held that the High Court had not properly examined the constitutional challenge and had incorrectly invoked the 9th Schedule. It set aside the High Court's order and remitted the matter for fresh consideration in accordance with law, requesting an expeditious disposal, preferably by October 2008.
Provisions of Law Cited
Legal Doctrines & Maxims
- Ultra vires
- 9th Schedule (Constitution)
Submissions & Arguments
Contentions of Appellants / Petitioners
Appellants contend that the vires challenge to certain provisions of the Bihar Land Reforms Act, 1961 is not defeated by the 9th Schedule since the controversy concerns the validity of amendments to Section 29 and the continued exemption regime previously available under Section 29(2)(a)(ii). They submit that the question whether the State could retrench exemptions without adding the amendment to the Ninth Schedule should be examined on its merits. They argue that no return is mandatory where the challenge relates to the legislative competence and the challenged amendment; they emphasize that the appellants sought rule nisi to declare Annexure 1 to 3 ultra vires and to quash the impugned directions. They maintain that the High Court's reliance on the Ninth Schedule was misapplied and that the writ petition should be heard in accordance with law, allowing the petition to proceed and the challenged provisions to be adjudicated on constitutional grounds. They finally sought directions for early hearing and quashing the relevant provisions if found ultra vires.
Contentions of Respondents
Respondents submit that the Ninth Schedule shield is not absolute; even if the amendment to Section 29 is not in the Ninth Schedule, the effect is to delete the exemption with retrospective effect, altering exemptions previously granted to maintain religious rites. They argue that the High Court correctly observed that the amendments alter substantive rights and that the matter falls within the legislative domain; they contend that the writ petition cannot be allowed to hamper the amendment. They rely on the constitutional safeguards of the Ninth Schedule but argue that the amendment is not immune from challenge if within the scope of vires; the counsel submit that the legal validity of the amendment should be considered by the High Court on proper legal grounds.
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Extracted Judgment Text
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