ALAKH LAL & ORS ; SULOCHANA DEVI; OM PRAKASH SINGHANIYA; GOPAL SAO, UPENDRA NARAYAN NAYAK; SUVDRA DEVI; KASTURI CHAND GOTHI; RAM BHAKTA PRASAD & ORS ; NARAYAN PASWAN & ORS ; ARUN KUMAR YADAV @ KRISH; PARAS NATH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) On the joint request of learned Counsels for the parties, this group of writ petitions has been taken up for final disposal at the admission stage.

(2.) In this group of writ petitions under Article 226 of the Constitution of India virtually the challenge is against the actions and proceedings initiated by the respondent-State in the light of the amended provision of Sec.23(4) of the Bihar Tenancy Act, 1985 (sic-1885?) (Act 8 of 1987 (sic-1885?) ("Tenancy Act"), which came to be incorporated by the Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as, the resultant amended provisions known as the "Bihar Rent Re-fixation Rules, 1995" ("Rent Rules of 1995") thereunder.

(3.) The Division Bench of this Court (in which one of us, namely, Dr. J.N. Bhatt, CJ., was a party) in a similar group of matters where the vires and the constitutionality of the aforesaid amended provision came to be questioned, rendered the verdict and the impugned provisions in that group of matters have been held to be ultra vires of the constitutional provision and the Tenancy Act, as well as, the relevant rules made thereunder. The benefit of that judgment has, however, been given only in the pending cases/proceedings wherein no final order has been passed.