Chinta Devi v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12699 of 2000 ====================================================== 1.

Chinta Devi W/o Sudhir Poddar, Resident of Village -Mathurapur, P.S. Bihpur Distt.- Bhagalpur.

2.

Munni Devi W/o Sadanand Poddar, Resident of Village -Mathurapur, P.S. Bihpur Distt.- Bhagalpur.

3.

Nirmala Devi W/o Mahanand Poddar, Resident of Village -Mathurapur, P.S. Bihpur Distt.- Bhagalpur.

4.

Meera Devi W/o Sri lal Poddar, Resident of Village -Mathurapur, P.S. Bihpur Distt.- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar.

2.

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

The Additional Collector (Celling) Bhagalpur. 4.

The Deputy Collector, Land Reforms, Naugachia, Bhagalpur. 5.1. Balbir Yadav Son of Late Sahdeo Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

5.2. Mahanand Yadav Son of Late Sahdeo Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

5.3. Puspparaj Son of his predeceased, Son Abhimanu Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

5.4. Amala Devi D/o Late Sahdeo Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

5.5. Radha Devi D/o Late Sahdeo Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

5.6. Sat Bhama Devi D/o late Sahdeo Yadav, Resident of Village - Balha, P.S. - Bihpur, District- Bhagalpur.

6.

Nageshwar Sharma Son of Parmeshwar Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

7.

Tetar Sharma Son of Parmeshwar Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

8.

Vakil Sharma Son of late Feku Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

9.

Mahendra Sharma Son of late Feku Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

10.

Punni Sharma Son of late Singheshwar Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

11.

Ganga Sharma Son of late Basudeo Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

12.

Gulab Sharma Son of late Basudeo Sharma, Resident of Village

Patna High Court CWJC No.12699 of 2000(9) dt.09-12-2025 2/3 -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

13.

Sudhakar Sharma Son of late Basudeo Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

14.

Narayan Sharma Son of late Mahadeo Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

15.

Sukhdeo Sharma Son of Pancha Nand Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

16.

Most. Jayanti Devi Wife of Late Anup Lal Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

17.

Most. Jayanti Devi W/o Late Dhudharaj Sharma, Resident of Village -Madhurapur, P.S. Bijpur Distt.- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

Mr. Prabhat Ranjan Singh, Adv.

For the Respondent/s :

Mr. Md.Faiz Ahmadcc, Adv.

For resp no. 5(i) :

Mr. Dineshwawr Pd. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2025 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioner and the State.

2. The present application has been preferred for the following relief(s):

(i) A certiorari to set aside the order dated 11.12.87 passed in ceiling case no. 3/8788 with its analoguous cases by respondent DCLR (Annexure-1 series) Under section 16

(3) of the Bihar Land Reforms (Fixation of Cealing Area and Acquisition of surplus land) Act 1961, where by and where under the claim of pre-emption of respondent No.5 has illegally been allowed.

ii. A certiorari to set aside the order

Patna High Court CWJC No.12699 of 2000(9) dt.09-12-2025 3/3 dated 30.10.2000 passed by the respondent Additional Member Board of Revenue in Revision Case No.206/99 and its analogus cases (Anx-3) by which the order dated 30.10.99 passed by the respondent Additional Collector in L.C.

Appeal Gase in favour of the Petitioners has been illegally set aside.

iii. An order to affirm the order dated 30.10.99 passed in L.C. Appeal Case No.74/87-88/17/96-97 with its analogous cases (Anx. 2) by which the order dated 11.12.87 passed in aforesaid land Cealing Case No. 3/87-88 and its analógous cases has been set aside after considering all the facts and points of law.

iv. Any other writ or writs for granting any other relief and reliefs for which the petitioners are found entitled to in the facts and circumstances of the case.

3. The submission is that with the change in law relating to pre-emption, the case stands abated.

4. Accordingly, the writ petition is disposed of as infructuous.

(Rajiv Roy, J) Vijay Singh/- U