Patna High Court
Siya Sundari Devi vs The State Of Bihar And Ors on 8 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12229 of 2016
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Siya Sundari Devi w/o Ramji Prasad Yadav. Resident of Village- Bijhori, P.S-
Konch, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar, through Collector, Gaya.
2. The, Divisional Collector, Magadh Division, Gaya.
3. The, Additional Collector, Gaya.
4. The, Deputy Collector Land Reforms, Tikari, District- Gaya.
5. Akshay Kumar s/o Bachhu Yadav. Resident of village- Bijhari, P.S.- Konch,
District- Gaya.
6. Ram Ballam Sharma.
7. Shiv Ballam Sharma.
8. Ram Vinay Sharma. All are sons of Late Ram Lakhan Sharma.
9. Kailash Singh, s/o Late Ishwar Singh.
10. Chandeshwar Singh.
11. Bindeshwar Singh. All are sons of Late Ram Sarup Singh, all resident of
Village- Dadrejee, P.S- Konch, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv.
For the Respondent/s : Mr.Ajay- GA5
Mr. Rakesh Kumar Ranjan, AC to GA5
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL JUDGMENT
Date : 08-08-2024
Heard learned counsel for the parties.
2. In the instant application, the petitioners have
prayed for the following reliefs:
"1. That this application is being filed for
issuance of writ in the nature of certiorari for
quashing the order dated 3.2.2016 passed by
Chairman Bihar Land Tribunal, Patna in B.L.T
Case No. 704/2014 by which she has allowed the
Patna High Court CWJC No.12229 of 2016 dt.08-08-2024
2/5
BLT case after setting aside the order dated
7.8.2014
passed in Land Ceiling Revision Case
No. 111/2014 as well as order dated 22.01.2014
passed by Additional Collector, Gaya in Pre-
emption Appeal No. 92/2011 and the order dated
28.06.2006 passed by the Deputy Collector, Land
Reforms, Tekari in Pre-emption Case No.
04/2004-05 and for other relief/reliefs for which
petitioner deemed entitled to."
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
Patna High Court CWJC No.12229 of 2016 dt.08-08-2024
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 Additional
Collector, the Deputy Collector Land
Patna High Court CWJC No.12229 of 2016 dt.08-08-2024
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 stand abated.
13. Consequently, the present appeals are
Patna High Court CWJC No.12229 of 2016 dt.08-08-2024
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)
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)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.08.2024
Transmission Date
