Patna High Court
Md. Salahuddin @ Md. Salaluddin vs The State Of Bihar on 18 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.145 of 2020
In
Civil Writ Jurisdiction Case No.8437 of 1990
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1. Md. Salahuddin @ Md. Salaluddin son of Late Md. Khalil
2. Md. Zuber @ Md. Jubair, son of Late Md. Khalil
3. Md. Sabir Alam @ Md. Sabir, son of Late Md. Khalil
All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Govt. of Bihar, Patna.
2. The Additional Member, Board of Revenue, Bihar, Patna.
3. The Collector, Madhepura.
4. The Deputy Collector Land Reform, District- Madhepura.
5. Subhash Lal Das, son of Late Mahabir Lal Das
6. Deep Narain Prasad, son of late Mahabir Lal Das
7. Shashi Bhushan Prasad, son of Late Mahabir Lal Das
8. Indu Bhushan Prasad, son of late Mahabir Lal Das
All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura.
9. Urmila Devi, Daughter of late Padmawati and wife of Sri Kameshwar
Kumar, resident of village - Saidpur, P.O. - Gapalpur, District- Bhagalpur.
10. Parveen Khatoon, daughter of Late Md. Khalil
11. Anisha Khatoon, widow of Late Md. Zaheer
12. Md. Shahzad Ali, (minor) son of Late Md. Zaheer, through his mother and
guardian Anisha Khatoon
13. Md. Shahid Ali, (Minor) son of Late Md. Zaheer, through his mother and
guardian Anisha Khatoon
14. Anwari Khatoon, (minor) daughter of Late Md. Zaheer, through his mother
and guardian Anisha Khatoon
15. Md. Zakeer, son of Late Md. Nazir
16. Md. Sagir, son of Late Md. Nazir
17. Sairul Khatoon, daughter of Late Md. Nazir
18. Md. Shakir, Son of Shekhawat Mian
All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Iqbal Asif Niazi, Advocate
Patna High Court L.P.A No.145 of 2020 dt.18-08-2021
For the Respondent/s : Mr. Md. Khurshid Alam, AAG-12
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-08-2021
Heard learned counsel for the parties.
Mr. Iqbal Asif Niazi, learned counsel for the
appellants, states that the respondents have preferred a petition
i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das and Ors.
Vs. Md. Salauddin and Ors, challenging the vires of the Bihar
Land Reforms (Fixation and Ceiling Area and Acquisition of
Surplus Land) Act, 1961, in which notices stand issued to the
parties to the instant lis. Also, appellants' interest stands
protected by way of an interim order in the said writ petition.
We are of the considered view, which fact is not
disputed, that if the writ petition is allowed, the appeal would
become infructuous. However, if the writ petition is dismissed,
the appeal would have to be heard on merit. The notice in the
appeal has yet not been issued.
As such, as prayed for, the appellants are permitted to
withdraw the present appeal reserving liberty to file afresh,
subject to the outcome of the decision made in the writ petition.
The issue of limitation would not come in the way of
Patna High Court L.P.A No.145 of 2020 dt.18-08-2021
the appellants, if such appeal is preferred within a period of two
months from the date of outcome of the decision in the said writ
petition, i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das
and Ors. Vs. Md. Salauddin and Ors.
Appeal is accordingly disposed of.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/-Ashwini/
AFR/NAFR
CAV DATE
Uploading Date 24.08.2021
Transmission Date
