Bibi Sabera Khatoon vs State of Bihar and Others

S.K. Katriar, J.—Heard learned Counsel for the parties. This writ petition is with respect to the order dt. 16.8.2002 (Annexure-5), passed by the learned Addl. Member, Board of Revenue, Bihar, Patna, in district Kishanganj case No. 42 of 2001 (Bibi Sabera Khatoon v. State of Bihar), whereby he has refused to pass a formal order of stay of distribution of lands in question on the ground that the same has been stalled by the receipt of the lower court records in the registry of the Board of Revenue.

Learned Counsel for the Petitioner submits that receipt of the records does not stall distribution of lands which goes on by starting a parallel/shadow file unless there is a formal orders of stay by a superior court. Relying on the statement made in paragraph 23 of the writ petition, he submits that the proposal for distribution of lands covered by the notificaton in terms of Section 15(1) of the Bihar Land Ceiling Act is going on at Kishanganj and, therefore, the revision application pending final adjudication before the Board of Revenue may be rendered infructuous.

I have perused the writ petition and heard submissions of the learned Counsel for the parties. The undisputed position is that the revision application is pending final adjudication before the Board of Revenue. It is a principle of hoary antiquity that if alis has been admitted for final adjudication, then it becomes the duty of the court to preserve the subject matter of the litigation by an appropriate order so that the same is available at the time of final adjudication and the decree does not become a barren one. In that view of the matter, I would prefer to modify the order dt. 16.8.2002 (Annexure-5), passed by the learned Addl. Member, Board of Revenue In district Kishanganj case No. 42 of 2001, to the effect that there shall be stay of distribution of the lands in question during the pendency of the said revision application before the Board of Revenue.

The writ petition is accordingly disposed of