Gajindra Sahni vs The State Of Bihar
2023 Latest Caselaw 121 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.154 of 2020
                                             In
                     Civil Writ Jurisdiction Case No.681 of 2020
     ======================================================

1. Gajindra Sahni S/o Nakachhed Sahni Resident of Village- Lalbegiya, P.O.-

Misrauliya, P.S.- Chiraiya, District- East Champaran.

2. Lakhinder Sahni S/o Nakchhed Sahni Resident of Village- Lalbegiya, P.O.-

Misrauliya, P.S.- Chiraiya, District- East Champaran.

3. Birendra Sahni S/o Nakchhed Sahni Resident of Village- Lalbegiya, P.O.-

Misrauliya, P.S.- Chiraiya, District- East Champaran.

... ... Appellant/s Versus

1. The State of Bihar through the Collector, Motihari, East Champaran.

2. The Land Reform Development Commissioner Sikrahna at Dhaka, East Champaran.

3. Raj Kishore Sahni S/o Late Sita Ram Sahni Resident of Village- Khartari Tola Lalbegiya, P.O.- Misrauliya, P.S.- Chiraiya, District- East Champaran.

4. Mostt. Chuliya W/o Late Amal Sahni Resident of Village- Shitalpur, P.O.

and P.S.- Sugauli, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Sunil Kumar No.III, Adv. For the State : Ms. Nutan Sahay, AC to AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 09-01-2023 Heard Mr. Sunil Kumar No.III learned counsel

for the appellants/pre-emptors and Ms. Nutan Sahay for

the State.

The appellants were pre-emptors whose

application was allowed by the D.C.L.R., propelling the Patna High Court L.P.A No.154 of 2020 dt.09-01-2023

respondents to challenge the aforesaid order before the

Collector in appeal. The matter remained pending

consideration for seven years. In the meantime, Section

16(3) of the Bihar Land Reforms (Fixation of Ceiling Area

and Acquisition of Surplus Land) Act, 1961 was deleted

and Section 4 was inserted which declares that after the

repeal of Section 16(3) of the Act, all cases of proceedings

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 have abated.

Sub-clause 2 of said 16(4) further declares that

pursuant to the repeal of Sub-Section 3 of Section 16 of

the Act, any purchased money together with a sum equal

to 10% thereof already legally deposited shall be refunded,

without any interest to the depositor.

Acting on the aforesaid repeal, the Collector

passed an order declaring the entire case to have abated Patna High Court L.P.A No.154 of 2020 dt.09-01-2023

and directed for refund of the money to the

appellants/pre-emptors along with 10% interest which they

may have deposited but without any interest.

The aforesaid order of the Collector was

challenged before this Court vide CWJC No. 681 of 2020

by which the order passed by the Collector declaring the

case to have abated and the appellants/pre-emptors be

returned the money, was upheld.

The orders passed by the Collector and the

learned Single Judge are absolutely justified in view of the

deletion of Section 16(3) and incorporation of Section

16(4) of the Act from the cut-off date.

The necessary amendment in the aforesaid

provision of the Act was not without a reason. We do not

consider it to be necessary to discuss in detail the reasons

for incorporation of aforesaid provision namely 16(4) after

deletion of 16(3) but, the fact remains that once the case

is abated, 16(4) (ii) shall come into play and the appellants

would only be entitled to return of the money along with Patna High Court L.P.A No.154 of 2020 dt.09-01-2023

10% interest which they had deposited at the time of filing

of preemption application.

Thus, we find no reason to interfere with the

order of the learned Single Judge.

The petition is dismissed.

(Ashutosh Kumar, J)

( Satyavrat Verma, J) rishi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.01.2023
Transmission Date