Chotelal Sharma @ Manna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8117 of 2019 ====================================================== Chotelal Sharma @ Manna Sharma Son of Late Mohan Sharma Resident of Village-Awakhara, Post Office and Police Station-Chainpur, District-Kaimur at Bhabhua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector Cum District Magistrate, Kaimur at Bhabhua 2.

The Deputy Collector Land Reforms, Kaimur at Bhabhua 3.

Shyam Bihar Singh Son of Late Nageshwar Singh Resident of VillageAwakhara, Post Office and Police Station-Chainpur, District-Kaimur at Bhabhua 4.

Jay Prakash Singh Son of Late Nageshwar Singh Resident of VillageAwakhara, Post Office and Police Station- Chainpur, District-kaimur at Bhabhua.

5.

Smt. Guddi devi Wife of Murahu Sharma Resident of Village- Post OfficeSaukhara, Police Station- Chand, District-kaimur 6.

Smt. Murari Devi, Wife of Pramod Sharma. Resident of Village-Gorar, Post Office and Police Station- Durgawari, District-kaimur 7.

Smt. Mangla Devi Wife of Ramesh Sharma Resident of Village- Post Office - Saukhara Police Station- Chand, District-kaimur 8.

Smt. Aarti devi Wife of Prakash Sharma Resident of Village-Sonahar Post Office Sadokhar Police Station-Shio Sagar,, District-Rohtas 9.

Poonam Kumari(Minor) Daughter of Late Deomuni Sharma, under Guardianship of Smt. Guddi devi Wife of Murahu Sharma Resident of Village-Post office-Saukhara, Police Station-Chand, District-kaimur. 10.

Soni Kumari (Minor) Daughter of Late Deomuni Sharma, under Guardianship of Smt. Guddi devi Wife of Murahu Sharma Resident of Village-Post Office-Saukhara, Police-Station-Chand, District-Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Mr. Kundan Kumar For the Respondent/s :

Mr. Rishi Raj Sinha (SC 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 The petitioner is pre-emptor in a proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling

Patna High Court CWJC No.8117 of 2019(2) dt.24-04-2019 2/2 Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Act'), which has subsequently been repealed by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019.

The petitioner is aggrieved by the orders passed by the authorities under the Act, whereby his claim for preemption has been rejected.

This application does not have any efficacy in view of the Amendment leading to repeal of Section 16(3) of the Act. This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Ashish/- U