A Letters Patent Appeal challenging the Bihar Land Reforms Act was disposed of by withdrawing the appeal with liberty to file afresh depending on the outcome of a related writ petition.
Appeal disposed; liberty to file afresh within two months of the related writ petition's outcome.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.145 of 2020 In
Civil Writ Jurisdiction Case No.8437 of 1990
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... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Iqbal Asif Niazi, Advocate
Patna High Court L.P.A No.145 of 2020 dt.18-08-2021 2/3
For the Respondent/s : Mr. Md. Khurshid Alam, AAG-12
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-08-2021
Heard learned counsel for the parties.
Mr. Iqbal Asif Niazi, learned counsel for the appellants, states that the respondents have preferred a petition i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das and Ors. Vs. Md. Salauddin and Ors, challenging the vires of the Bihar Land Reforms (Fixation and Ceiling Area and Acquisition of Surplus Land) Act, 1961, in which notices stand issued to the parties to the instant lis . Also, appellants’ interest stands protected by way of an interim order in the said writ petition.
We are of the considered view, which fact is not disputed, that if the writ petition is allowed, the appeal would become infructuous. However, if the writ petition is dismissed, the appeal would have to be heard on merit. The notice in the appeal has yet not been issued.
As such, as prayed for, the appellants are permitted to withdraw the present appeal reserving liberty to file afresh, subject to the outcome of the decision made in the writ petition.
The issue of limitation would not come in the way of
Patna High Court L.P.A No.145 of 2020 dt.18-08-2021 3/3
the appellants, if such appeal is preferred within a period of two months from the date of outcome of the decision in the said writ petition, i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das and Ors. Vs. Md. Salauddin and Ors.
Appeal is accordingly disposed of.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/-Ashwini/
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| Uploading Date | 24.08.2021 |
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1 issue framed by the court
Whether the appellants can withdraw the present appeal reserving liberty to file afresh upon the outcome of a pending writ petition.
Md. Salahuddin @ Md. Salaluddin and Ors.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna. and Ors.
Chief Justice Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
