Bimal Chandra Mishra S/o late Ganesh Chandra Mishra v. State Of Bihar
2019-01-31
CHAKRADHARI SHARAN SINGH
body2019
DigiLaw.ai
ORDER : 1. I am shocked to see the order dated 24.02.2015, passed by Dr. K.P. Ramaiah, the Member Administrative, Bihar Land Tribunal, Patna in B.L.T. Case No. 389 of 2013 which is impugned in this application. The order runs in 15 pages having 24 long paragraphs. From paragraphs 3 to 23 the Member has recorded submissions of the parties. Paragraph 2 deals with the purpose for which the application was filed in the Tribunal. After having so recorded the submissions of the parties, he has jumped to final conclusion in one sentence in paragraph 24 which reads thus:- “24. After having heard the counsel for the parties and on going through the documents produced on the records and on perusing the order impugned, I find reason to interfere with the order impugned. Accordingly the order dated 02.02.2002, passed by the Collector, Madhubani in Bataidari Appeal no. 33 of 1999-2000 is hereby quashed and this application is allowed.” 2. The Bihar Land Tribunal has been constituted under the Bihar Land Tribunal Act, 2009 (hereinafter referred to as the Act), preamble of which reads thus:- “The Bihar Land Tribunal is constituted to address the land related issues of raiyats of state. Disputes relating to land pending before different forums in the State of Bihar are huge in number and the present machinery including Civil Court is over burdened because of pendency of huge number of disputes relating to land. Right, title and possession over land is regulated under various land laws operating in the State of Bihar. The different forums under different land laws have been provided for adjudication of disputes. The State government is faced with complexities arising out of the multiplicity of adjudicating machinery and delay in the settlement of disputes. The State government strives to ensure speedy disposal of disputes under various land laws. In the absence of a common adjudicatory body, the people of the State are faced with undue hardship in getting their grievances redressed. There is mandate to constitute a tribunal under Chapter XIII of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, with such modification and with such enlargement of jurisdiction as may be deemed expedient.
There is mandate to constitute a tribunal under Chapter XIII of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, with such modification and with such enlargement of jurisdiction as may be deemed expedient. The Constitution of India has conferred jurisdiction under Article 323B on appropriate legislature, to provide for adjudication or trial by Tribunals, by law, of any dispute, complaints or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws. In larger public interest and in the interest of the people of the State, it is deemed expedient to create a consolidated forum for adjudication of all disputes appertaining to land in the State of Bihar. With a view to provide a common and uniform forum for adjudication of disputes, it is necessary to create a Tribunal at the highest level in the hierarchy.” To make Provisions for the Bihar Land Tribunal. 3. Section 5 of the Act lays down the qualification for appointment of the Chairman and other Members of the Tribunal, sub-section (3) of which deals with qualification for appointment as an Administrative Member. On reading of the provision under Section 5 of the Act, it would appear that considering the significance and nature of responsibilities onerous duties cast on them and wide powers conferred upon them under the Act, a persons of impeccable integrity and eminence in public life are to be appointed as Chairman and Members of the Tribunal. 4. It is unfortunate that Dr. K.P. Ramaiah has passed the kind of the order as has been noticed. There is absolutely no semblance of discussion, nor any application of mind nor any dealing with the submissions which he has recorded in the order. The Court is unaware whether he is in habit of passing such orders. This order impugned, however, gives an impression to this count, prima facie, that he suffers from incapacity of holding the high position of the Member of the Tribunal.
The Court is unaware whether he is in habit of passing such orders. This order impugned, however, gives an impression to this count, prima facie, that he suffers from incapacity of holding the high position of the Member of the Tribunal. Section 7 of the Act deals with removal of Chairman and Members of the Tribunal, sub-Section (2) thereof postulates that Chairman or any other Member shall not be removed from his office except by an order made by the State Government on the ground of proved misbehaviour or ‘incapacity’ after an inquiry made by a Judge of the High Court in which the Member had been informed of the charges against him and given a reasonable opportunity of being heard. 5. In the above background I am constrained to direct the State Government of Bihar through its Chief Secretary to examine whether a case for removal of Dr. K.P. Ramaiah as Member of the Administrative Tribunal under Section 7 of the Act is made out based on his conduct while passing the present order and other orders which he has passed in different proceedings, keeping aspects in mind in relation to his conduct, relevant for initiating an action under Section 7(2) of the Act. The entire object of the Act shall stand frustrated if orders by the Tribunal are passed in such casual and cavalier manner. 6. On bare perusal of the order impugned, I have no hesitation in coming to a definite conclusion that the said order cannot be sustained as the same completely lacks application of mind and reason. I will pass appropriate orders in this regard on the next appointed day. 7. List this matter under the same heading on 07.02.2019. 8. In the meanwhile, the Chief Secretary of Bihar will be required to file an affidavit in the light of the observations made herein above.