Premlata Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13491 of 2021 ====================================================== Premlata Paswan, Wife of Late Hare Krishan Paswan resident of VillageBarhari Ranjit, Basudeopur Pargana- Dharmpur, P.S.- Barhara Kothi, DistrictPurnea (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar Land Tribunal, Patna through its Registrar. 3.

The Collector of the District, Purnea.

4.

The Deputy Collector, Land Reforms, Damdaha, Purnea. 5.

Gangadhar Mandal S/o Late Kusum Lal Mandal resident of Village- Barhari Ranjit, Ward no.- 01, P.O. and P.S.- Barhara Kothi, District- Purnea (Bihar) PIN- 854203 6.

Supendra Mandal S/o Late Domi Mandal resident of Village- Barhari Ranjit, Ward no.- 06, P.O. and P.S.- Barhara Kothi, District- Purnea (Bihar) PIN854203 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Nath Jha Mr. Bijendra Kumar Singh For the Respondent/s :

Mr. Raj Kishore Roy ( GP-18 ) Mr. Mukul Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2024

1. Heard learned counsel for the petitioner and learned AC to GP-18 for the State.

2. The Court finds no infirmity in the order dated 09.03.2021 passed by the learned Chairman, Bihar Land Tribunal in BLT Case No.45 of 2021.

3. From perusal of the order dated 09.03.2021 in BLT Case No.45 of 2021, it would manifest that the petitioner, herein, had approached the BLT seeking a direction upon the

Patna High Court CWJC No.13491 of 2021(3) dt.12-11-2024 2/2 transferee, Gangadhar Mandal to follow the order and direction passed by the DCLR, Damdaha in Pre-emption Case No.01 of 2017-18 to execute the sale deed in favour of the petitioner and also for a direction upon the DCLR to execute the sale deed in favour of the petitioner, if Gangadhar Mandal fails to execute the same in favour of the petitioner.

4. The learned Chairman, Bihar Land Tribunal after hearing the learned counsel appearing on behalf of the petitioner and the learned A.G.P. found no merit in the application on the ground that Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 stood repealed. Further, Section 16(4)(i) of the Act after repeal incorporated:- After the repeal of sub section-(3) of Section-16 of this Act, all 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 in any other Court, shall be deemed to be abated. As such, dismissed the case of the petitioner as being not maintainable.

5. The writ application is dismissed accordingly. (Satyavrat Verma, J) vikash/- U