Jaikant Yadav And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5439 of 2018 ====================================================== 1.
Jaikant Yadav Son of Late Anant Lal Yadav, 2.
Sri Kant Yadav, Son of Late Anant Lal Yadav, 3.
Kumari Ankita, Wife of Late Shashi Kant Yadav, 4.
Most. Janki Devi, Wife of Late Anant Lal Yadav, All resident of VillageGangapur, Tola- Mirchaibari, Police Station- Jankinagar, District- Purnea. 5.
Upendra Yadav Son of Late Sanichar Yadav, Resident of Village- Hanuman Nagar, Police Station- Banmankhui, District- Purnea. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Collector, Purnea.
3.
The Additional Collector, Ceiling, Purnea.
4.
The Deputy Collector, Land Reforms, Ceiling, Purnea. 5.
Bisheshwar Das, Son of Late Ishwar Das, Resident of Village- Jeewachhpur, Police Station- Banmankhi, District- Purnea.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Respondent/s :
Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2023 Heard learned counsel for the parties concerned. It has been informed at the Bar that Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has been repealed by the Repealing Act 18 of 2016 dated 02.09.2016. The validity of the Repealing Act has been challenged in C.W.J.C. No. 15060 of 2019 , which is still pending.
Learned counsel for the petitioner submits that the petitioner is the purchaser of a piece of land by way of registered sale deed executed in 1985 by the land holder. He
Patna High Court CWJC No.5439 of 2018(10) dt.02-02-2023 2/2 further submits that the land was declared surplus in 1974 and final notification underSection 15 of the Bihar Land Reforms (Fixation of Ceiling Areaand Acquisition of Surplus Land) Act, 1961 was issued in the year 1992.
In view of the aforesaid submission, this application is disposed of with liberty to the petitioners to approach this Court after disposal of CWJC No. 15060 of 2019.
(Anil Kumar Sinha, J) S.Ali/- U