AIR 1973 PATNA 275 ::1973 BLJR 662 ::1973 PatLJR 81 ::ILR (1973) 52 Pat 209

Patna High Court

Hon'ble Judge(s): Shambhu Prasad Singh, Shiveshwar Prasad Sinha , JJ

(A) Bihar Tenancy Act (8 of 1885) , S.48E(1)— Validity - Does not violate Art.14. Constitution of India , Art.14— Interpretation of Statutes Brief Note :- (A) Since the power to initiate proceedings conferred on the Collector by Section 48-E (1) is coupled with the duty of the Collector the word ' may' in that section has to be construed as imperative. The Collector is thus bound to initiate the proceedings thereunder if he comes to know of the existence of the three conditions mentioned therein either suo motu or on an application of an under-raiyat. Hence it is not possible for the Collector to discriminate between one landlord and the other. (1880) 5 AC 214 and AIR 1923 PC 138 and AIR 1950 SC 218, Rel. on.(Para 7 9) (B) Bihar Tenancy Act (8 of 1885) , S.48E(13)— Scope and applicability. Brief Note :- (B) Section 48-E (13) expressly debars institution of a suit in respect of property which is subject-matter of a dispute in a proceeding initiated under Section 48-E (1). If the intention of the legislature would have been to make sub-sec. (13) applicable to only pending proceedings it would have been specifically stated in the section that Civil or Criminal Court shall cease to have jurisdiction in pending ....