MUKESH SAHU @ MUKESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The legal acceptability of the impugned order has been called in question by the petitioner in this application filed under Article 227 of the Constitution of India by which the learned court below has turned down the prayer on behalf of the petitioner for recall of the order dated 05.07.2013 after hearing the suit on the point of Admission.

(3.) The learned counsel for the petitioner at the outset has submitted that the suit filed by the plaintiff-respondent is not maintainable in view of the provision as contained in Section 43 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 as well as the remedy available to the plaintiff-respondent to prefer an appeal before the competent authority against the order passed in a pre-emption proceeding under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961. It has been therefore canvassed that the court below ought to have recalled the order granting the status quo as prayed by the plaintiff and ought to have dismissed the suit as not maintainable.