Patna High CourtMJC/1652/2017allowed

Ramanand Singh v. The State Of Bihar And ORS

2022-09-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1652 of 2017 In Civil Writ Jurisdiction Case No.4073 of 1999 ====================================================== Ramanand Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Shiw Kumar Prabhakar, Advocate For the Opposite Parties :

Mr.Md. Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2022 Heard the parties.

This application has been filed for restoration of MJC No. 753 of 2002 which stood dismissed for non-compliance of the peremptory order dated 28.11.2005.

For the reasons mentioned in this application, it is allowed and MJC No. 753 of 2002 is restored to its original file. MJC No. 753 of 2002 This application has also been filed for restoration of MJC No.2524 of 2000 which stood dismissed for noncompliance of the peremptory order dated 14.12.2000. For the reasons mentioned in this application, it is also allowed and MJC No.2524 of 2000 is restored to its original

Patna High Court MJC No.1652 of 2017(4) dt.02-09-2022 2/3 file.

MJC No.2524 of 2000 This application has also been filed for restoration of CWJC No.4073 of 1999 which stood dismissed for nonprosecution vide order dated 02.02.2000. For the reasons mentioned in this application, it is also allowed and CWJC No.4073 of 1999 is restored to its original file.

CWJC No.4073 of 1999 Petitioners are purchasers. Respondent No. 5 is the vendor.

Learned counsel for the petitioners submits that in view of the recent judgment of the Supreme Court in the case of Punyadeo Sharma And Ors etc. vs Kamla Devi And Ors. Reported in 2022 (1) BLJ 434 (SC), right of pre-emption is now no more available to respondent no. 5.

Issue notice to respondent no. 5 by both modes - under registered cover with A/D as well as talbana for which requisite etc. must be filed within three weeks. Put up this case after eight weeks.

During the pendency of the writ petition, operation of the order dated 11.12.1998 passed by the Board of Revenue in

Patna High Court MJC No.1652 of 2017(4) dt.02-09-2022 3/3 Revision Case Nos.459/90 and 460/90 as contained in Annexure-3 shall remain stayed.

(Sandeep Kumar, J) BT/- U