Ratnesh Kumar Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.974 of 2003 ====================================================== Ratnesh Kumar Yadav, son of Late Rajeshwar Yadav, resident of village Barateni,P.S. Udakishunganj, District- Madhepura ... ... Appellant/s
Versus
1. The State of Bihar
2. Jagdish Yadav, son of Late Kinu Yadav,
3. (a) Daijy Dev, wife of Manoj Kumar, Daughter of Late Shiv Narayan Yadav, Village- Parsi, P.O. Chatra, P.S. Gwalpara, District- Madhepura (b) Rammi Devi, wife of Dr. J.P.Yadav, D/O Late Shiv Narayan Yadav, Village- Bhura, P.O. Bhura, P.S. Triveniganj, District- Supaul
4. Satyendra Yadav, son of Jagdish Yadav
5. Deepak Yadav, son of Shiv Narayan Yadav, minor being represented through his father and natural guardian Shri Shiv Narayan Yadav, all resident of village Bahrari, P.S. Singheshwar, District- Madhepura
6. Additional Member, Board of Revenue, Bihar,
7. Collector, Madhepura
8. Deputy Collector, Land Reforms, Madhepura ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Jashwir Singh Arora, Advocate For the Respondent/s :
Mr.Sc16 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-12-2019 Heard learned counsel for the parties.
2.
The appellant has prayed for the following relief: "It is, therefore, prayed that your Lordships may graciously be pleased to admit the Memorandum of appeal, issue notice to the respondents and after hearing allow this appeal after setting aside the order dated 2.9.2003 passed in C.W.J.C. No. 7797 of 1999 and finally grant the reliefs sought for in the said CWJC No. 7797/1999."
Patna High Court L.P.A No.974 of 2003 dt.05-12-2019 2/3 3.
Learned Single Judge, not finding favour with the appellant-Ratnesh Kumar Yadav, while dismissing the petition filed under Article 226 of the Constitution of India, affirmed the order dated 18.05.1999 passed by the Additional Member, Board of Revenue, Patna in Case No. 100 of 1997. The said order was passed under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 qua the writ petitioner who claimed himself to be an adjoining raiyat of the vended plot having got his residential house situated just adjacent to the land in question.
4.
It is seen that now there is a legislative amendment in the Principal Act and by virtue of Section 2 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Amendment Act, 2019, 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 any other Court are deemed to have abated.
5.
The pre-emptor/purchaser has not been rendered remediless. He is entitled to, by virtue of the amending Act, certain amounts.
Patna High Court L.P.A No.974 of 2003 dt.05-12-2019 3/3 6.
In view of the change in position of law, we find the present proceeding to have abated.
7.
At this stage our attention is invited to the fact that validity of the Amending Act is pending consideration before this Court. Ordinarily, we would have refrained from passing such order, but for the fact that the present appeal pertains to the year 2003, we proceeded to hear the same. However, since validity of the Amending Act is pending consideration before this Court, we grant liberty to either of the parties to get this appeal revived, if need so arises, after final adjudication with regard thereto. 8.
With the aforesaid, the present appeal is disposed of as having abated.
(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09-12-2019 Transmission Date NA