Patna High Court
Dr. Khurshid Alam vs The State Of Bihar And Ors on 8 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1349 of 2015
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Dr. Khurshid Alam Son of late Md. Yusuf, Resident of Village Rashidpur, P.S.
Akbar Nagar, District Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Commissioner, Bhagalpur, Divisional, Bhagalpur.
3. Additional Collector, Bhagalpur.
4. The Deputy Collector, Land Reforms, Bhagalpur.
5. Smt. Soma Pathak Wife of Sri kant Pathak, Resident of Village Sahkund, P.S
Sahkund, District Bhagalpur.
6. Sri Ram Rajeshwar Bhagat.
7. Janki Nandan Bhagat
8. Shyam Sunder Bhagat All sons of Late Sita Saran Bhagat.
9. Pankaj Kumar Bhagat Son of Ram Rajeshwar Bhagat All Residents of
Mohalla Goldar Patti, P.O and P.S Nath Nagar, District Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Ravi Kumar AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 08-08-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. In the instant application, the petitioners have
prayed for the following reliefs:
"1. That this is an application for
issaunce of Writ in the nature of Certiorari
or in the nature of Mandamus, or any other
Writ or Writs, order/direction for setting
Patna High Court CWJC No.1349 of 2015 dt.08-08-2024
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aside the order dated 17-11-2014 passed by
the Hon'ble Bihar Land Tribunal, Patna in
B.L.T. Case No. 52 of 2013 (Annexure-1)."
3. 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.
4. 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 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
Patna High Court CWJC No.1349 of 2015 dt.08-08-2024
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 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
Patna High Court CWJC No.1349 of 2015 dt.08-08-2024
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 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
Patna High Court CWJC No.1349 of 2015 dt.08-08-2024
Section 16 of the Act in accordance with
law." (Emphasis Supplied)
5. In view of the above, it is ordered that the instant
application stands abated.
6. 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.
7. The application stands disposed of as having
abated.
(Rudra Prakash Mishra, J)
Raj Kishore/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10-08-2024.
Transmission Date N/A
