Patna High Court
Mohan Pasi vs The State Of Bihar And Ors on 23 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8177 of 2008
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MOHAN PASI son of Late Badan Pasi resident of villagte Dewradh
P.S.Kudara, District-Kaimur (Bhabhua)
... ... Petitioner/s
Versus
1.THE STATE OF BIHAR
2. The Additional Member, Board of Revenue, Bihar, Patna
3. The Collector Kaimur, Bhabua
4. The Deputy Collector, Land Reforms Mohania District Kaimur
5. The Anchaldhikari, Kudara Distsrict Kaimur
6. Saryu Singh
7 Surya Singh
8 Shioji Singh
9 Sri Bhagawan Singh
All 5 to 7 are sons of late Ujagir Singh, resident of vilage Helwanta P.S.Kudra
Distsrict Kaimur
10 Ganesh Rai son fo late Raj grihi Rai, resident of village Gangwalia, Tola
Halwanta P.S. Kudra District Kaimur(Bhabua)
11 Bechani Devi daughter of Parbati and wife of Lal Bihari Pasi resident of
village Khurd Gaura P.S. Mohania District Kaimur(Bhabua)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arbind Nath Pandey, Advocate
For the Respondent/s : Mr. Sarvesh Kumar, GP 24
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 23-02-2023
Heard learned counsel for the parties.
In the instant application, the petitioner has prayed for
the following reliefs:
"(a) To issue an appropriate writ order or
direction including a writ in the nature of
certiorari for quashing the order dated
5.12.2007 passed by respondent no 2 in rev. case
no 229 of 2004 contained in Annexure 4 of the
writ petition by which the order dated 19.8.2004
Patna High Court CWJC No.8177 of 2008 dt.23-02-2023
passed by Additional collector,Kaimur passed in
appeal no 1/2003- 04/09 of 03-04 and the order
dated 16.5.2003 passed in case no 1of 02-03 has
been quashed.
(b) To issue an appropriate writ, order or
direction including a writ in the nature of
mandamus commanding the concerned
respondent to forbear from given effect to the
impugned order dated 5.12.2007 contained in
Annexure 4
(c) To issue an appropriate writ, order or
direction as the petitioner is found entitled to."
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
Patna High Court CWJC No.8177 of 2008 dt.23-02-2023
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
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
Patna High Court CWJC No.8177 of 2008 dt.23-02-2023
pending before the State Government, the Board
of Revenue, the Bihar Land Tribunal, the
Divisional Commissioner, the Collector, the
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-
Patna High Court CWJC No.8177 of 2008 dt.23-02-2023
emption under the Act pending before any
authority under the Act or before any Court shall
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)
Bibhash
AFR/NAFR
CAV DATE
Uploading Date 28.2.2023
Transmission Date
