Allowed

Subeda Khatoon v. The State Of Bihar and Ors.

Patna HC7 Dec 2018CWJC/15907/2018

Case brief

AI extract

What is this about?

In a writ petition challenging the rejection of a Jamabandi correction case, the Patna High Court set aside the Additional Collector's order. The court held the rejection illegal as the related ceiling case had abated, remitting the matter to the Collector.

What did the court decide?

Set aside the order dated 11.09.2017 passed in Jamabandi Correction Case No. 46 of 2016-17; remitted the matter to the Additional Collector to dispose of the petition afresh.

Subeda Khatoon Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15907 of 2018

¶2

======================================================

Subeda Khatoon

... ... Petitioner/s

Versus

The State Of Bihar through Principal Secretary, Department of Land Reforms, Govt of Bihar, Patna

¶7

The Collector, Purnea

¶8

The Additional Collector, Land Ceiling, Purnea

¶9

The DCLR, Baisi, Purnea

¶10

The S.D.O., Baisi, Purnea

¶11

6.The Circle Officer, Baisi, Purnea

¶12

Halka Karmchari, Baluwaghostara, Purnea

¶13

Baldev Ram

¶14

Ramdev Ram

¶15

Ram Gopal Ram

¶16

Agamlal Mukhiya

¶17

Upendra Paswan

¶18

... ... Respondent/s

¶19

======================================================

¶20

Appearance :

¶21

For the Petitioner/s : Mr. Md. Helal Ahmad For the Respondent/s : Mr. Md.Khurshid Alam -AAG12 ======================================================

¶22

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

¶23

3 07-12-2018 Heard both sides.

¶24

The petitioner has filed this writ petition to set aside

¶25

the order dated 11.09.2017 passed in Jamabandi Correction Case No. 46 of 2016-17.

¶26

By the impugned order, the Additional Collector dismissed the petition of the petitioner holding that the petition for de- notification of the notification issued under Section 15 (1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 is pending before Bihar Land Tribunal in B.L.T. case No. 1065 of 2015.

¶27

Patna High Court CWJC No.15907 of 2018(3) dt.07-12-2018 2/3

¶28

It is submitted that petitioner purchased the land in the year 1960 and when the petitioner appeared before the Consolidation authorities in the ceiling case the land of petitioner was exempted and duly de-notified but red card holders, who got the land settled under Section 27 of the Act, mutated their names and the mutation was not cancelled even after de- notification of the notification issued under Section 15(1) of the Act. It is further submitted that red card holders filed B.L.T. case No. 1065 of 2015 before the Bihar Land Tribunal for re-opening of the ceiling proceeding under Section 45B of the Act and the learned Member (Administrative) B.L.T. held that the proceeding has been abated in view of Section 4(i) of the Bihar Land Reforms Act (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (Amendment ) Act, 2016 [Bihar Act 18 of 2016) by which amendment is made in Ceiling Act, 1961 and Section 45B has been deleted.

¶29

Thus, I find that the Additional Collector has illegally rejected the petition of the petitioner on the ground of pendency of case before the B.L.T. Accordingly, the order dated 11.09.2017 passed in Jamabandi Correction Case No. 46 of 2016-17 is set aside and the matter is remitted to Additional Collector to hear the petitioner afresh and dispose of the case on

¶30

Patna High Court CWJC No.15907 of 2018(3) dt.07-12-2018 3/3

¶31

merits.

¶32

This writ petition is, accordingly, allowed.

¶33

(Prabhat Kumar Jha, J)

¶34

BKS/-

¶35

Subeda Khatoon v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Subeda Khatoon 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

Shalendra Kumar Vs Narayan Yadav and Ors.

Rajiya Khatoon Vs Smt. Parvati Devi and Anr.

Rajendar Jandar Vs The State Of Bihar and Ors.

Shakuntla Devi and Ors. Vs Ganesh Sah and Anr.

Roshan Kumar Vs The Union Of India and Ors.

The State Of Bihar and Ors. Vs M/s Ruby Construction Through Its Partner Shir Balashwar Singh