Kamleshwari Yadav And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3584 of 2018 In Civil Writ Jurisdiction Case No.13436 of 2014 ====================================================== 1.

Kamleshwari Yadav 2.

Bindeshwar Yadav 3.

Manoj Kumar Yadav 4.

Kishore Kumar Yadav @ Raj Kishore Yadav All are S/p Late Badri Prasad Yadav R/o Village- Ramnagar Farsahi, P.S. Janaki Nagar, Dist- Purnea. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mr. Paradip Kumar Jha the District Magistrate-cum-Collector, Purnea, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Mira Kumari, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-07-2023 Heard Mrs. Mira Kumari, learned counsel for the petitioner and the State.

The present petition has been preferred for compliance of the order dated 25.1.2016 passed in C.W.J.C. No. 13436 of 2014 by which a direction was given to the Collector to pass an order in land ceiling proceeding. The order was passed on 25.1.2016.

A show cause has been filed on behalf of the Collector, Purnea incorporating paragraph-5, according to which during the pendency of the proceeding, an amendment was

Patna High Court MJC No.3584 of 2018(8) dt.04-07-2023 2/2 brought in the Act vide section 45(B) was repealed and a new section 45 (D) was incorporated, according to which, all the cases pending the Court stands abated.

As such, it is his contention in the show cause that Miscellaneous Ceiling Case No. 580 of 1992 was dismissed vide an order dated 6.2.2018 by the Collector, Purnea. Taking into account the amendment that came into existence and till then, the Collector, Purnea could not pass the order, no contempt case is made out.

The contempt petition stands disposed of.

(Rajiv Roy, J) Ravi/- U