Remanded

Arun Kumar Singh v. The State of Bihar

Patna HC3 Dec 2019CWJC/22702/2019

Case brief

AI extract

What is this about?

In a writ petition, seekers challenged an Additional Collector's order dropping ceiling proceedings due to abatement under Section 45(D) following an amendment deleting Section 45(B). The court held they should file a fresh petition under the newly inserted Section 30 for the Collector to reopen the case after hearing parties.

What did the court decide?

Petitioners directed to file a fresh petition before the Collector, Madhepura under Section 30 to reopen proceedings.

Arun Kumar Singh Vs The State of Bihar — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22702 of 2019

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Arun Kumar Singh, aged about 60 years, male, Son of Late Shiv Narayan Singh, Resident of Village- Chandpur Bhangaha, Police Station- Chandpur, District- Purnea at present residing at Ward No.8, Raibhir, Police StationShankarpur, District- Madhepura.

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Kartik Prasad Singh, aged about 48 years, male, Son of Late Shiv Narayan Singh, Resident of Village- Chandpur Bhangaha, Police Station- Chandpur, District- Purnea at present residing at Ward No.8, Raibhir, Police StationShankarpur, District- Madhepura.

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Shyam Narayan Singh, aged about 53 years, male, Son of Late Shiv Narayan Singh, Resident of Village- Chandpur Bhangaha, Police Station- Chandpur, District- Purnea at present residing at Ward No.8, Raibhir, Police StationShankarpur, District- Madhepura.

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Manoj Kumar Singh, aged about 49 years, male, Son of Late Shiv Narayan Singh, Resident of Village- Chandpur Bhangaha, Police Station- Chandpur, District- Purnea at present residing at Ward No.8, Raibhir, Police StationShankarpur, District- Madhepura.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

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The Collector, Madhepura.

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The Additional Collector, Madhepura.

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The Sub-Divisional Magistrate, Madhepura.

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The Anchal Adhikari, Shankarpur, District- Madhepura.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Jitendra Prasad Singh For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 03-12-2019 Heard both sides.

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The petitioners have filed this writ petition for setting

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Patna High Court CWJC No.22702 of 2019(3) dt.03-12-2019 2/3

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aside the order dated 06.08.2019, passed by the Additional Collector, Madhepura in Ceiling Case No.03 of 1997 by which the Additional Collector has dropped the proceeding as abated in view of the provisions laid down under Section 45(D) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 and also for direction to the respondents to allow separate unit from the land acquired from the joint family in favour of Most. Jaleshwari Devi (aunt of the petitioners).

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Learned counsel for the petitioners submits that in view of the Amending Act by which the amendment has been brought in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, Section 45(B) of the Act has been deleted. In view of deletion of Section 45, the Additional Collector dropped the proceeding initiated under Section 45(B) of the Act but now Section 30 has been inserted in the Act and the same vested power in the Collector to reopen the case on certain grounds enumerated therein.

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I dispose of this writ petition with direction to the petitioners to file petition before the Collector, Madhepura under newly inserted Section 30 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act.

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Patna High Court CWJC No.22702 of 2019(3) dt.03-12-2019 3/3

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On such, the Collector, Madhepura shall pass order in

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accordance with law after hearing the parties.

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With the aforesaid direction, this writ petition is

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disposed of.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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Arun Kumar Singh v. The State of Bihar

Case brief

What is this about?

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Arun Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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