Md. Salahuddin @ Md. Salaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.145 of 2020 In Civil Writ Jurisdiction Case No.8437 of 1990 ====================================================== 1.

Md. Salahuddin @ Md. Salaluddin son of Late Md. Khalil 2.

Md. Zuber @ Md. Jubair, son of Late Md. Khalil 3.

Md. Sabir Alam @ Md. Sabir, son of Late Md. Khalil All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Additional Member, Board of Revenue, Bihar, Patna. 3.

The Collector, Madhepura.

4.

The Deputy Collector Land Reform, District- Madhepura. 5.

Subhash Lal Das, son of Late Mahabir Lal Das 6.

Deep Narain Prasad, son of late Mahabir Lal Das 7.

Shashi Bhushan Prasad, son of Late Mahabir Lal Das 8.

Indu Bhushan Prasad, son of late Mahabir Lal Das All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura. 9.

Urmila Devi, Daughter of late Padmawati and wife of Sri Kameshwar Kumar, resident of village - Saidpur, P.O. - Gapalpur, District- Bhagalpur. 10.

Parveen Khatoon, daughter of Late Md. Khalil 11.

Anisha Khatoon, widow of Late Md. Zaheer 12.

Md. Shahzad Ali, (minor) son of Late Md. Zaheer, through his mother and guardian Anisha Khatoon 13.

Md. Shahid Ali, (Minor) son of Late Md. Zaheer, through his mother and guardian Anisha Khatoon 14.

Anwari Khatoon, (minor) daughter of Late Md. Zaheer, through his mother and guardian Anisha Khatoon 15.

Md. Zakeer, son of Late Md. Nazir 16.

Md. Sagir, son of Late Md. Nazir 17.

Sairul Khatoon, daughter of Late Md. Nazir 18.

Md. Shakir, Son of Shekhawat Mian All are resident of village - Jorgama, P.S.- Murliganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Iqbal Asif Niazi, Advocate

Patna High Court L.P.A No.145 of 2020 dt.18-08-2021 2/3 For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-08-2021 Heard learned counsel for the parties.

Mr. Iqbal Asif Niazi, learned counsel for the appellants, states that the respondents have preferred a petition i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das and Ors. Vs. Md. Salauddin and Ors, challenging the vires of the Bihar Land Reforms (Fixation and Ceiling Area and Acquisition of Surplus Land) Act, 1961, in which notices stand issued to the parties to the instant lis. Also, appellants' interest stands protected by way of an interim order in the said writ petition. We are of the considered view, which fact is not disputed, that if the writ petition is allowed, the appeal would become infructuous. However, if the writ petition is dismissed, the appeal would have to be heard on merit. The notice in the appeal has yet not been issued.

As such, as prayed for, the appellants are permitted to withdraw the present appeal reserving liberty to file afresh, subject to the outcome of the decision made in the writ petition. The issue of limitation would not come in the way of

Patna High Court L.P.A No.145 of 2020 dt.18-08-2021 3/3 the appellants, if such appeal is preferred within a period of two months from the date of outcome of the decision in the said writ petition, i.e. CWJC No.8437 of 1990 titled as Subhash Lal Das and Ors. Vs. Md. Salauddin and Ors.

Appeal is accordingly disposed of.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/-Ashwini/ AFR/NAFR CAV DATE Uploading Date 24.08.2021 Transmission Date