This order disposed of a writ petition challenging a land tribunal's dropping of proceedings due to a statutory deletion. The court directed the petitioner to seek relief under Section 30(4) before the Collector, setting a three-month timeline.
Direction to file a petition before the Collector, Buxar under Section 30(4) within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1175 of 2020
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Siyaram Rai S/o Ramakant Rai, Resident of Village- Lauadhi, P.S.Karimuddinpur, District- Gazipur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Binod Kr. Singh, Adv. Mr.Praveen Kumar, Adv. For the State : Mr.Subash Chandra Yadav (Gp15) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 22-01-2020 Heard both sides.
Petitioner being aggrieved by the order passed by learned Chairman, Bihar Land Tribunal in B.L.T. Case No.176 of 2019 dated 18.06.2019 by which the learned Chairman dropped the proceeding on the ground that Section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act has been deleted by Act 18 of 2016. Section 30(4) of the Act has been added which vests power in the Collector of the District and the Commissioner of the Division to reopen the land ceiling case on the ground
Patna High Court CWJC No.1175 of 2020(2) dt.22-01-2020 2/2
mentioned therein.
Learned counsel for the petitioner submits that the petitioner is the son of sister of Ramadhar Rai. The land ceiling case was initiated against Ramadhar Rai (brother of original petitioner Kamla Devi). Ramadhar Rai did not disclose this fact that the original petitioner being the daughter of original landlord is also entitled to get unit.
Having considered the facts, this writ petition is disposed of with a direction to the petitioner to file a petition before the Collector, Buxar under section 30(4) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act and on such the Collector, Buxar shall hear the petitioner and other concerned party and pass order in accordance with law within three months from the date of filing of such petition.
With the aforesaid direction, this writ petition stands disposed of.
(Prabhat Kumar Jha, J)
Harish/-
U
1 issue framed by the court
Whether the writ petitioner can file a fresh petition under Section 30(4) of the Bihar Land Reforms Act given the deletion of Section 45(B).
2 provisions across 1 enactments
Siyaram Rai
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
The Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna
The Divisional Commissioner, Patna
The District Magistrate, Buxar
The Land Reform, Deputy Collector, Buxar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
