State Of Bihar And Ors vs Sheonath Prasad And Ors

Appellant prays for setting aside the impugned order dated 21.4.2017, passed in C.W.J.C. No.13230 of 2013 (Sheonath Prasad & Ors. Vs. The State of Bihar & Ors.) by which letter No.2019 dated 25.7.2012 issued by the Collector, Patna has been quashed and the matter remitted back to the Collector, Patna to decide the matter afresh confining himself to the points raised by learned Commissioner, Patna in the light of order dated 21.5.2007 passed in Urban Land Ceiling Appeal No.53/2003 keeping in mind the relevant provisions of the Repeal Act, 1999.

With the consent of the parties, the appeal stands disposed of in the following terms:

Unlike what stands observed in the impugned order, scope of examination by the Collector, Patna shall stand expanded for consideration of all factual matrix inter se the parties considering the provisions of Urban Land Ceiling and Regulations Act, 1976 as also the Urban Land Ceiling and Regulations Appeal, 1999.

Since the matter pertains to the year 2007, the parties shall appear before the authority on 20.12.2019 and all parties shall place their entire material. The appropriate authority shall consider and decide the matter within a period of four months thereafter.

The judgement shall stand modified accordingly.