Patna High Court
Sheo Shankar Singh vs The State Of Bihar And Ors on 12 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3056 of 2017
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Sheo Shankar Singh son of Late Raghaw Singh, Resident of Village- Piprahia,
POPS- Bhagwanpur, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. THe Bihar Land Tribunal, Bihar, Patna.
3. The Commissioner, Saran Division, Chapra.
4. The Collector-cum-District Magistrate, Siwan.
5. The D.C.L.R. Maharajganj, District- Siwan.
6. Vijay Pandey, son of Late Kapildeo Pandey, null
7. Sunil Pandey, son of Late Kapildeo Pandey, Both resident of Village- Aruan,
P.S.- Bhagwanpur Hat, District- Siwan.
8. Pundai, wife of Late Dasrath Singh, resident of Village- Aruan, P.S.-
Bhagwanpur Hat, District- Siwan.
9. Baby, Daughter of Late Dasrath Singh, wife of Late Sant Kumar, resident of
Village- Aruan, P.S.- Bhagwanpur Hat, District- Siwan. at present Resident
of Village- Bharkueya Tiwai Tola, PO- Barauli, District- Gopalganj.
10. Ranju, Daughter of Late Dasrath Singh, wife of Ramashray Singh, resident
of Village- Aruan, P.S.- Bhagwanpur Hat, District- Siwan. at present resident
of Village- Janki Nagar, PO- Basantpur, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 12-08-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. In the instant application, the petitioner has prayed
for the following reliefs:
" 1. That this writ application is
Patna High Court CWJC No.3056 of 2017 dt.12-08-2024
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directed against the order dated 19.09.2016
passed by the Hon'ble Chairman, the Bihar
Land Tribunal, Patna in B.L.T. Case No.
1317 of 2015 whereunder the B.L.T. case
was dismissed upholding the order dated
05.07.2011
passed by the learned
Commissioner, Saran Division, Chapra in
Pre-emption Revision No. 286 of 2007,
order dated 30.03.2007 passed in Land
Ceiling Appeal No. 274/1998-99 by learned
Collector, Siwan and order dated
09.11.1998 passed in Pre-emption Case No.
09 of 1997 by learned D.C.L.R.
Maharajganj, District Siwan."
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
Patna High Court CWJC No.3056 of 2017 dt.12-08-2024
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
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:-
Patna High Court CWJC No.3056 of 2017 dt.12-08-2024
(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
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.............................................
Patna High Court CWJC No.3056 of 2017 dt.12-08-2024
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
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 14-08-2024
Transmission Date N/A
