Bhagwan Singh And Ors vs State Of Bihar And Ors

Heard learned counsel for the petitioners and learned AC to GA 9 for the State.

The petitioners have moved the Court for the following relief:

“That this writ application is directed against the order dated 04.11.2015 passed by the learned Chairman, Bihar Land Tribunal, Patna

in B.L.T. Case No. 340 of 2014 whereby whereunder learned Chairman has illegally and arbitrarily set aside the orders passed by learned

Deputy Collector Land Reforms, Jagdishpur, learned District Magistrate, Bhojpur and learned Divisional Commissioner, Patna respectively

against Respondent No. 4 to 6 (Petitioners herein) and hence by setting aside the concurrent finding of facts has arbitrarily allowed the

B.L.T. Case No. 340 of 2014.

AND

For such other order/orders, direction/directions as your Lordship’s may deem fit and proper in the facts and circumstances of the

case.’

Basically, the issue relates to pre-emption under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus

Land) Act, 1961.

As the said Section has been repealed with effect from 25.02.2019 by The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of

Surplus Land) (Amendment) Act, 2019 by which all proceedings relating to the issue pending in any Court shall be deemed to be abated, the present

application, having abated also stands disposed off.

However, as the Court has been informed that challenge to vires of such repeal is subjudice before this Court, it is observed that if any decision in

the said proceeding against such repeal is rendered, the petitioners shall have liberty to move again in the matter, before the appropriate forum.