Namuna Devi v. The State Of Bihar and Ors.
Case brief
What is this about?
The High Court of Patna dismissed a writ petition and a related application as abated. Relying on the Supreme Court judgment in Punyadeo Sharma, the court held that the Bihar Land Reforms (Amendment) Act, 2019, nullified the right of pre-emption, causing all pending proceedings to stand abated.
What did the court decide?
Application disposed of as abated; petitioner directed to allow withdrawal of deposited amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8181 of 2008
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NAMUNA DEVI
... ... Petitioner/s
Versus
- The State Of Bihar
- Additional Member, Board of Revenue, Bihar, Patna.
- Additional Collector, Kaimur (Bhabhua).
- Deputy Collector Land Reforms Bhabha Kaimur.
- Kashi Singh, R/o Village Amaon, P.S. Chainpur, District- Kaimur Bhabhua.
- Birendra Seth, Son of Deo Shankar Seth. R/o Mohalla Bhabhua Ward No. 10, P.S. Bhabhua, Distt.- Kaimur Bhabhua.
Issues for consideration
2 issues framed by the court
Whether pending pre-emption proceedings under the Bihar Land Reforms Act stand abated due to the 2019 Amendment Act.
Whether petitions seeking relief in pending pre-emption cases should be disposed of as abated.
Parties & counsel
- petitioner
Namuna Devi
- respondent
State Of Bihar
- respondent
Additional Member, Board of Revenue, Bihar, Patna
- respondent
Additional Collector, Kaimur (Bhabhua)
- respondent
Deputy Collector Land Reforms Bhabha Kaimur
- respondent
Case details
As recorded by the court registry
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