Tapeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10462 of 2009 ====================================================== Tapeshwar Prasad Singh, son of Late Baikunth Singh, resident of villageDaulatpur, P.S. Jamui, district Jamui ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Munger

3. The District Magistrate, Jamui

4. The Deputy Collector Land Reforms, Jamui

5. Sanjay Kumar Mandal son of Fuleshwar Mandal

6. Fuleshwar Mandal, son of Munsi Mandal

7. Surendra Mandal, son of Rameshwar Mandal, all residents of VillageDaulatpur, P.S. Jamui, district Jamui

8. Kaili Devi, wife of Ganesh Mandal, Resident of Village-Patouna, P.S. Barahat, Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pandey Mr.Ajay K.Singh For the State Mr. Jitendra Kumar, AC to AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-08-2019 Heard the learned counsel for the parties.

The claim of pre-emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (for short 'the Act'), raised by/on behalf of the petitioner has been rejected by all courts.

Since Section 16(3) of the Act has been repealed with the enactment of the Bihar Land Reforms (Fixation of Ceiling Area and

Patna High Court CWJC No.10462 of 2009(6) dt.01-08-2019 2/2 Acquisition of Surplus Land) (Amendment) Act, 2019, this writ application has become infructuous. It is according dismissed as infructuous.

(Chakradhari Sharan Singh, J) HR/- U