Pre-emption matter under the Bihar Ceiling Act: repeal of Section 16(3) by the 2006 Amendment abates all pending proceedings. The Court held deposited purchase money plus 10% is refundable to the depositing private respondents and disposed of the writ petition accordingly.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9723 of 2018
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Ram Tapeshwar Tiwari S/o Late Ishwar Dayal Tiwari, resident of VillageDehari, P.O.- Sheopur, P.S.- Agiaon Garahani District- Bhojpur Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Tiwary, Advocate For the State : Mr. Subhash Chandra Yadav (GP-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT
Date : 28-04-2025
Learned counsel for the petitioner, Learned counsel
for the State and Learned counsel for private respondent are present.
Re:-Interlocutory Application No.1/2024
Learned counsel for private respondent submits that
Patna High Court CWJC No.9723 of 2018 dt.28-04-2025 2/5
the present I.A has been filed for addition of names of heirs and legal representatives of respondent no.3 of the present writ petition as intervener respondents. Counsel submits that during pendency of the writ petition, contesting respondent no.3 died and therefore, whatever be the right vested in respondent no.3 after death, such right has now been devolve upon the heirs and legal representatives of respondent no.3. Therefore, counsel submits that names of those persons may be added as party respondent in the writ petition.
allowed.
Re:-CWJC No.9723/2018
Both the counsel jointly submits that the present case has arisen out of pre-emption matter and directly related to Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 [Bihar Act
Patna High Court CWJC No.9723 of 2018 dt.28-04-2025 3/5
XII of 1962] {hereinafter referred to as Act of 1961}. It has been submitted that by virtue of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2006, [Bihar Act No. 10 of 2006] {hereinafter referred to as Amendment Act of 2006}, dated 04.05.2006, Section 16(3) of the Act of 1961 has been repealed and in its place, a new Act has come in which it has been indicated that all cases pending relating to Section 16(3) of the Act of 1961 shall be deemed to be abated.
follows:-
“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.
Patna High Court CWJC No.9723 of 2018 dt.28-04-2025 4/5
4(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.”
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together with a sum equal to 10%.
a direction that the private respondents may receive the said amount from the competent authority where it was deposited.
Aman Kumar/ Divyansh-
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| CAV DATE | NA |
| Uploading Date | 01.05.2025 |
| Transmission Date | NA |
2 issues framed by the court
Whether pending pre-emption cases under Section 16(3) of the 1961 Act abate upon its repeal by the Amendment Act of 2006.
Whether the deposited purchase money with 10% is refundable to the pre-emptor.
2 provisions across 2 enactments
Ram Tapeshwar Tiwari
The State Of Bihar
Sigasan Devi
Smt. Lalit Devi
Smt. Radhika Devi
Jitendra Tiwary
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
