Patna High Court
Rajballav Singh vs The State Of Bihar And Ors on 25 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12512 of 2009
======================================================
Rajballav Singh, Son of Late Muneshwar Singh, resident of village Nimi, P.O.
Nimi, P.S.- Sheikhpura Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Divisional Commissioner Of Munger Division At P.O. District
Munger.
3. The Additional Collector, Sheikhpura, At P.O. District Sheikhpura.
4. The Land Reforms Deputy Collector Sheikhpura At, P.O., District
Sheikhpura.
5. Chhotelal Singh Son Of Rajendra Singh.
6. Upendar Singh Son Of Late Kesho Singh. Both Residents Of Village And
P.O. Nimi P.S.Sheikhpura Sarai District Sheikhpura...
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhupendra Narain Sinha, Sr. Advocate
Mr. Jayanand, Advocate
Mr. Uday Shankar Sharan Singh, Advocate
Mr. Shailendra Kumar, Advocate
For the Respondent/s : Mr. R.C.Thakur, SC-4
For the State : Mr. Ajay Kumar, AC to G.P-4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 25-02-2023
Heard learned counsel for the parties.
In the instant application, the petitioner has prayed
for the following reliefs:-
"That this writ application under Article 226 of
the Constitution of India for issuance of
appropriate writ or writs, order/orders,
direction/ directions after setting aside the
orders dated 22.6.05, 14.10.06 and 29.7.09
contained in Annexures- 2,3 and 4 passed by
Patna High Court CWJC No.12512 of 2009 dt.25-02-2023
Respondent nos. 4,3 and 2 respectively directing
the Land Reforme Deputy Collector (Respondent
no.4) to issue direction to transferee to convey
the land in favour of writ petitioner by execution
a registered document of transfer within a period
to be specified by him and allow the pre-emption
application of writ petitioner and pass such an
order or orders as Your Lordships may deem fit
and proper."
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.12512 of 2009 dt.25-02-2023
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.12512 of 2009 dt.25-02-2023
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.12512 of 2009 dt.25-02-2023
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 27.02.2023
Transmission Date
