Single judge heard petitions quashing orders dismissing pre-emption claims. Court held right abated per Bihar Land Reforms (Amendment) Act, 2019 and Supreme Court decision.
Application abated; pre-emptor directed to withdraw deposited amount under Section 16.
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.637 of 2006
======================================================
1. KISHORI SINGH
both sons of Late Chandradeo Singh, residents of village Manjurahi, P.S. Aurangabad Mufassil, District Aurangabad.
... ... Petitioner/s
Versus
---------Respondents 1st Set.
All resident of village Manjurahi P.S. Aurangabad Mufassil District Aurangabad
--------Respondents II Set
------------Respondent III Set
====================================================== with
Civil Writ Jurisdiction Case No. 5440 of 2006
======================================================
... ... Petitioner/s
Versus
---------Respondents 1st Set.
Patna High Court CWJC No.637 of 2006(10) dt.28-03-2023 2/6
All resident of village Manjurahi P.S. Aurangabad Mufassil District Aurangabad
--------Respondents II Set
------------Respondent III Set
====================================================== with Civil Writ Jurisdiction Case No. 5475 of 2006 ====================================================== 1. KISHORI SINGH 2. Amrendra Kumar Singh Both sons of Late Chandradeo Singh, resident of village Manjurahi P.S. Aurangabad Mufassil, District Aurangabad ... ... Petitioner/s
Versus
------------Respondent III Set
... ... Respondent/s
====================================================== Appearance : (In CWJC Nos. 637 of 2006, 5440 of 2006 and 5475 of 2006 ) For the Petitioner/s : Ms. Alka Singh, Advocate Mr. Binod Kumar Singh, Advocate For the State : AC to GP 27 For the Private Resp. : Mr. Gajendra Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
Patna High Court CWJC No.637 of 2006(10) dt.28-03-2023
3/6
10 28-03-2023 Heard the parties.
The petitioners have prayed for the following
relief(s) :
“That, this is an application for issuing appropriate writ order or direction quashing the order dated 30.8.2005 passed by the respondent no.-2 dismissing the revision case no. 280/2004, the order dated 20.10.2004 passed by the respondent no.-3 dismissing the appeal cases no. 141/04-05 and the order dated 6.8.2004 passed by the respondent no.- 4 dismissing the pre-emption application filed by the petitioner giving rise to case no. 37/2002-03, and further for allowing the claim of the petitioners for enforcing his legal right of”
At the outset it is submitted by learned counsel for the respondents-State that in view of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019 read with judgment of the Hon’ble Supreme Court in the case of Punyadeo Sharma and Ors. Versus Kamla Devi and Ors. reported in 2022(1) BLJ 434 (SC) , the instant application which arises out of pre-emption application stands abated.
Relevant paragraphs of the aforesaid judgment in the case of Punyadeo Sharma (supra) is quoted hereinbelow:
Patna High Court CWJC No.637 of 2006(10) dt.28-03-2023 4/6
“ 4 . The question examined by the Division Bench of the High Court was whether an application for pre-emption was filed within three months of the registration as required by Section 16(3) of the Act or was it required to be filed within three months of the day of execution of the sale deed i.e. 9.2.1990. However, the said question does not survive for consideration in view of the subsequent development whereby the right of pre-emption itself has been taken away by the Bihar Act No. 6 of 2019 when the Act was amended. The Amending Act reads thus:
“The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019
1 . Short title, Extent and Commencement. – (1) This Act may be called The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force immediately.
(2) In the Section-16 of the said Act, the
Patna High Court CWJC No.637 of 2006(10) dt.28-03-2023 5/6
following new sub section-(4) shall be added:-
(4)(i) After the repeal of sub section-(3) of Section-16 of this Act, all cases or proceedings pending before the State Government, the Board of Revenue, the Bihar Land Tribunal, the Divisional Commissioner, the Collector, the Additional Collector, the Deputy Collector Land Reforms or in any other Court, shall be deemed to be abated.
(ii) Pursuant to the repeal of Sub section-(3) of Section-16 of this Act, any purchase money together with a sum equal to 10% thereof, already legally deposited shall be refunded, without any interest, to the depositor.
7. We have heard the learned counsel for the parties and find that the right of pre-emption, after the Amending Act, abates as Sub-section 4(i) is specifically dealing with all pending proceedings before whatsoever forum. Therefore, the right of pre-emption will stand abated on and after 25.2.2019 including the proceedings which were pending before any forum.
12. …………….. Any other Court is wide enough to include the Constitutional Courts i.e. the High
Patna High Court CWJC No.637 of 2006(10) dt.28-03-2023
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Court and the Supreme Court. ………………. Thus, keeping in view the object of the Statute, purpose to be achieved and the express language of the Amending Act, all proceedings of preemption under the Act pending before any authority under the Act or before any Court shall stand abated.
13. Consequently, the present appeals are allowed. The entire pre-emption proceedings stand abated. It shall be open to the respondents to withdraw 10% of the amount deposited by them in terms of Section 16 of the Act in accordance with law.” (Emphasis Supplied)
In view of the above, it is ordered that the instant application stands abated.
It is further directed that in terms of the aforesaid order, it shall be open to the pre-emptor herein to withdraw the amount deposited by him in terms of section 16 of the Act in accordance with law.
The application stands disposed of as having
abated.
(Partha Sarthy, J)
Prakash/- U
2 issues framed by the court
Whether the right of pre-emption under the Bihar Land Reforms Act stands abated following the Amendment Act, 2019 superseded by Supreme Court judgment.
Whether pending pre-emption proceedings before writ jurisdiction are to be quashed in light of legislative repeal.
Colour shows how this judgement treated each authority
Punyadeo Sharma and Ors. Versus Kamla Devi and Ors.Followed¶55
2022(1) BLJ 434 (SC)
2 provisions across 2 enactments
Kishori Singh
Amrendra Kumar Singh
State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
