Dismissed

Badshah Rai and Ors. v. the State of Bihar and Ors.

Patna HC11 Dec 2015CWJC/9072/2009

Case brief

AI extract

What is this about?

In a single paragraph oral order, the Patna High Court dismissed a writ petition challenging pre-emption proceedings under the Bihar Land Ceiling Act. The court disposed of the matter by relying on the reasons and judgment recorded in a previously heard and dismissed related writ petition (CWJC No. 9030 of 2009) involving the same parties and issues.

What did the court decide?

Writ petition dismissed; no order as to costs.

Badshah Rai and Ors. Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9072 of 2009

¶2

====================================================== Paras Nath Rai, son of Gopaljee Rai, resident of village- Ramgarh, Tole Bhulauni, P.O. Simariya, Police Station- Nautan, District- Siwan (Expunged vide order dated 10.04.2014 and substituted by his following heirs and legal representatives:)

¶3

(i) Badshah Rai (ii) Nawal Kishore Rai (iii) Raj Kishore Rai All S/o Late Paras Nath Rai (iv) Chandrakanta Devi D/o Late Paras Nath Rai All resident of villageRamgarh, Tole Bhulauni, P.O. Simariya, Police Station- Nautan, DistrictSiwan

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar

¶7

The Collector, Siwan

¶8

Brahma Bhagat, son of late Shiv Nandan Bhagat, resident of villageRamgarh, Tole Bhulauni, P.O. Simariya, Police Station- Nautan, District- Siwan

¶9

Tirath Nath Prasad

¶10

Ram Janak Prasad

¶11

Shambhu Nath Prasad All sons of Late Gopal Bhagat, residents of village- Mathiya, Police Station- Mirganj, District- Gopalganj.

¶12

Addl. Member, Board of Revenue, Patna, Bihar

¶13

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Prasad Singh Mr. Arvind Kumar Pandey Mr. Abhishek Mr. Atal Bihari For the Respondent No.1, 2 & 7 : Mr. Ajay, G.A. XII For the Respondent No. 3 to 6 : Mr. Raghav Prasad

¶14

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶15

6 11-12-2015 The present writ petition as also CWJC No. 9030 of 2009 arise out of two separate pre-emption proceedings under Section 16(3) of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (In short ‘Land Ceiling Act’).

¶16

The original petitioner Paras Nath Rai of both the writ petitions was the purchaser, who is now dead and has been substituted by his heirs and legal representatives, the respondent

¶17

Patna High Court CWJC No.9072 of 2009 (6) dt.11-12-2015

¶18

2/2

¶19

no. 3 of both the writ petitions is the pre-emptor and the respondent no. 4 to 6 of both the writ petitions are the vendors of vended plot no. 1237 area 5 katha 4 dhurs and plot no. 1238 area 5 katha 18 dhurs and 5 dhurkies.

¶20

Originally two separate pre-emption cases were filed with respect to two vended plots, referred to above, but both of them were decided by a common order. Similarly, two separate appeals and two separate revision applications were filed before the appellate authority and the revisional authority, but same were decided by respective common orders. The impugned revisional order dated 20.12.2008 was passed by the respondent Additional Member, Board of Revenue, Bihar, Patna in Board Cases No. 69 of 2000 and 70 of 2000 analogously. Therefore, the petitioner filed two separate writ petitions i.e. the present writ petition as also CWJC No. 9030 of 2009. In both the writ petitions, parties were/are same and the issues involved are same and common. In fact, all the orders passed by the authorities under the Land Ceiling Act in both the writ petitions are the same and common. Aforesaid CWJC No. 9030 of 2009 was heard at length and by a reasoned and speaking judgment and order dated 10.12.2015 aforesaid writ petition was dismissed.

¶21

Learned counsel appearing on behalf of the parties are unanimous in their submissions that the present writ petition may also be disposed of in the same term.

¶22

In above view of the matter and for the reasons recorded in the judgment dated 10.12.2015 passed in CWJC No.9030 of 2009, the present writ petition is also dismissed, but there shall be no order as to costs.

¶23

BTiwary/U

¶24

(Birendra Prasad Verma, J)

Badshah Rai and Ors. v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Badshah Rai and Ors. v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nawal Kishore Uppadhay and Anr. Vs The State Of Bihar and Ors.

Paras Nath Rai Vs the State of Bihar and Ors.

Amod Kumar Singh and Ors. Vs The State Of Bihar and Ors.

Umesh Sah and Ors. Vs The State Of Bihar and Ors.

Manjhlu Hansada and Ors. Vs The State Of Bihar and Ors.

Neeraj Kumar Vs The State Of Bihar and Ors.