Nasiruddin Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7872 of 2009 ====================================================== NASIRUDDIN ANSARI Son of Late Khairati Ansari, Resident of VillageChapra Brahm Tola, P.S.- Akorhigola Dehri, District- Rohtas Sasaram. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Member, Board of Revenue, Bihar, Patna.

3.

The Additional Collector, Rohtas.

4.

The Deputy Collector Land Reforms, Dehri-on-Sone, P.S.- Dehri, DistrictRohtas. 5.

Sukuruddin Ansari, Son of Late Khairati Ansari, Resident of Village- Chapra Brahm Tola, P.S.- Akorhigola Dehri, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subash Chandra Yadav For the Respondent/s :

Mr.O.P.Upadhyay Scc2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-08-2019 This writ application arises out of a pre-emption proceeding under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (for short 'the Act'). The said provision has been repealed with the enactment of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019.

The petitioner was a pre-emptor in the said preemption proceeding, whereas respondent no.5 was the vendee of the vended land.

The claim of pre-emption has been finally turned

Patna High Court CWJC No.7872 of 2009(4) dt.01-08-2019 2/2 down by the impugned order dated 03.10.2003, passed in Case No. 266 of 2000 by the learned Member, Board of Revenue. Since Section 16(3) of the Act itself has been repealed, this writ application has lost its efficacy and is accordingly dismissed as having become infructuous. (Chakradhari Sharan Singh, J) HR/- U