STATE OF BIHAR Vs. MAHESHWAR MANDAL

JUDGEMENT

(1.) Civil Appeal arising out of SLP (Civil) No. 3821/2015 Leave granted.

(2.) We have heard the learned counsel for the parties and perused the impugned judgment and order dated 24th June, 2014 passed by the High Court of Judicature at Patna. We find that in the writ petition filed by Maheshwar Mandal and Sanjay Mandal, respondents herein the relief claimed was regarding quashing of the order of Deputy Collector, Forbisganj Araria dated 27th Dec., 2011 passed by one of the respondents as also the appellate order of the Divisional Commissioner, Purnea dated 8th Aug., 2012 passed by the another respondent and restraining the respondents to forbear from taking any step disturbing the petitioners' possession over the land in question. From perusal of the writ petition, which has been filed as Annexure P6 of the present appeal, we find that there is no challenge to the vires of any of the provisions of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as "the Act of 2009"). Merely because during the course of the hearing, arguments were advanced questioning the validity of any of the provisions of an enactment it is not open to a Court of law to decide its validity and declare it to be unconstitutional, without there being any pleadings to that effect. This fact is not disputed by the learned counsel appearing for the parties.

(3.) In this view of the matter, The appeal is allowed and the impugned order dated 24th June, 2014 passed by the High Court of Judicature at Patna cannot be sustained in the eyes of law and is hereby set aside and the matter is remanded back to the High Court for deciding afresh in accordance with law expeditiously.