Patna High Court
Manoj Kumar vs The State Of Bihar And Ors on 21 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13382 of 2018
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Manoj Kumar S/o Sri Sugendra Narain Singh R/o Village- Pachpatra, P.O.-
Mukrera, P.S.- Revilganj, District- Saran
... ... Petitioner/s
Versus
1. The State Of Bihar through the principle Secretary, Land Reforms
Department, Patna.
2. The Divisional,Commissioner, Saran Division, Chapra
3. The Additional Collector, Saran, Chapra
4. The Deputy Collector Land Reforms, Sadar, Chapra
5. Sanjeev Kumar
6. Sanjay Kumar Both S/o Late Surya Narayan Singh
7. Rajeshwari Kuer W/o Late Surya Narayan Singh
8. Sangeeta Devi
9. Sarita Devi
10. Anju Devi All D/o Late Surya Narayan Singh All R/o Village- Pachpatra,
P.S.- Revilganj District Saran
11. Smt. Neelam Sinha W/o Bijendra Prasad Singh R/o Village- Gautam Asthan
Station, P.O.P.S.- Revilganj, District- Saran
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Respondent/s : Mr. M.N. Parwat, Sr. Advocate
Mr. Md. Khurshid Alam, AAG12
Mr. Sanjay Kumar Jha, Advocate
Mr. Ved Prakash Srivastava, Advocate
Mr. Praveen Prabhakar, Advocate
For the State : Mrs. Nutan Sahay, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 21-02-2023
Heard learned counsel for the parties.
In the instant application, the petitioner has prayed for
the following reliefs:
"That this writ application is being filed for
setting aside the order dated 27-4-2018 passed
Patna High Court CWJC No.13382 of 2018 dt.21-02-2023
by the learned Member (Administrative), Bihar
Land Tribunal, Patna in B.L.T. case No.
448/2016 filed by respondent IInd set by which
the order passed by the Divisional
Commissioner Saran passed in Land Ceiling
(Pre-emption) Revision No. 235/2014 on 09-02-
2016 is set aside without being proper
consideration of the facts as well legal aspects of
this case."
At the outset it is submitted by learned counsel for the
respondents-State that in view of the Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land)
(Amendment) Act, 2019 read with judgment of the Hon'ble
Supreme Court in the case of Punyadeo Sharma and Ors.
Versus Kamla Devi and Ors. reported in 2022(1) BLJ 434
(SC), the instant application which arises out of pre-emption
application stands abated.
Relevant paragraphs of the aforesaid judgment in the
case of Punyadeo Sharma (supra) is quoted hereinbelow:
"4. The question examined by the Division
Bench of the High Court was whether an
application for pre-emption was filed within
three months of the registration as required by
Section 16(3) of the Act or was it required to be
filed within three months of the day of execution
Patna High Court CWJC No.13382 of 2018 dt.21-02-2023
of the sale deed i.e. 9.2.1990. However, the said
question does not survive for consideration in
view of the subsequent development whereby the
right of pre-emption itself has been taken away
by the Bihar Act No. 6 of 2019 when the Act was
amended. The Amending Act reads thus:
"The Bihar Land Reforms (Fixation of Ceiling
Area and Acquisition of Surplus Land)
(Amendment) Act, 2019
1. Short title, Extent and Commencement. - (1)
This Act may be called The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of
Surplus Land) (Amendment) Act, 2019.
(2) It shall extend to the whole of the State of
Bihar.
(3) It shall come into force immediately.
2. Amendment in Section 16 of the Act, 1961. -
(1) Sub Section (3) of Section-16 of the said Act
is hereby repealed.
(2) In the Section-16 of the said Act, the
following new sub section-(4) shall be added:-
(4)(i) After the repeal of sub section-(3) of
Section-16 of this Act, all cases or proceedings
pending before the State Government, the Board
of Revenue, the Bihar Land Tribunal, the
Divisional Commissioner, the Collector, the
Patna High Court CWJC No.13382 of 2018 dt.21-02-2023
Additional Collector, the Deputy Collector Land
Reforms or in any other Court, shall be deemed
to be abated.
(ii) Pursuant to the repeal of Sub section-(3) of
Section-16 of this Act, any purchase money
together with a sum equal to 10% thereof,
already legally deposited shall be refunded,
without any interest, to the depositor.
...........................................................
7. We have heard the learned counsel for the
parties and find that the right of pre-emption,
after the Amending Act, abates as Sub-section
4(i) is specifically dealing with all pending
proceedings before whatsoever forum. Therefore,
the right of pre-emption will stand abated on and
after 25.2.2019 including the proceedings which
were pending before any forum.
...........................................................
12. ................. Any other Court is wide enough
to include the Constitutional Courts i.e. the High
Court and the Supreme Court. ...................
Thus, keeping in view the object of the Statute,
purpose to be achieved and the express language
of the Amending Act, all proceedings of pre-
emption under the Act pending before any
authority under the Act or before any Court shall
Patna High Court CWJC No.13382 of 2018 dt.21-02-2023
stand abated.
13. Consequently, the present appeals are
allowed. The entire pre-emption proceedings
stand abated. It shall be open to the respondents
to withdraw 10% of the amount deposited by
them in terms of Section 16 of the Act in
accordance with law." (Emphasis Supplied)
In view of the above, it is ordered that the instant
application stands abated.
It is further directed that in terms of the aforesaid order, it
shall be open to the pre-emptor herein to withdraw the amount
deposited by him in terms of section 16 of the Act in accordance
with law.
The application stands disposed of as having abated.
(Partha Sarthy, J)
shiv/-
AFR/NAFR
CAV DATE
Uploading Date 22.02.2023
Transmission Date
