Ramdatta Mishra And Ors vs The State Of Bihar And Ors
2021 Latest Caselaw 6001 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.4667 of 1998
======================================================

1. Ramdatta Mishra

2. Ram Lachhan Mishra

3. Durga Mishra

4. Surendra Mishra

5. Upendra Mishra All sons of Late Ram Laggan Mishra Resident of Village Bajitpur Ramdas Majhauli , P.S. Bochahan , District Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar

2. Additional Member, Board of Revenue, Bihar Patna

3. Additional Collector, Muzaffapur

4. Deputy Collector of Land Revenue, Muzaffarpur

5. Harendra Kumar Son of Budhu Sahani Resident of Village Karanpur, Bochaha, Tola Kakrachak, P.S. Bochaha, District- Muzaffarpur

6. Bibi Nazma Khatoon Wife of Nazir Ahmad Resident of village Ratanpura, P.S. Bochaha, District - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Imteyaz Ahmad, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021

Petitioners have prayed for the following relief(s):-

"1. For issuance of an appropriate Writ/Order/direction for setting aside the Resolution dated 31.3.98 passed by the learned Additional Member, Board of Revenue, Bihar, Patna in Case No. 8/96 by which he allowed the revision application filed by the pre-emptor opposite second party and set aside the orders passed by the learned Additional Collector as the learned D.C.L.R., Muzaffarpur by which the application for pre-emption was rejected by the Patna High Court CWJC No.4667 of 1998 dt.09-12-2021

Courts below."

Shri Ajay Kumar Thakur, learned counsel for the

petitioners states that at this point in time, in view of the

changed circumstances, inasmuch as provision of Section 16(3)

of the Bihar Land Reforms (Fixation of Ceiling Area and

Acquisition of Surplus Land) Act, 1961 stands introduced,

petitioners do not press the present petition reserving liberty to

file a fresh petition on the same and subsequent cause of action

should the need so arise subsequently.

It is made clear that this Court has not expressed any

opinion on the merits of the case.

The petition stands disposed of with the liberty

aforesaid.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date