RAMBHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent, is directed against the judgment dated 03.04.2017 passed by learned Single Judge in C.W.J.C. No. 22819 of 2011 by which the order dated 15.06.2011 passed by the learned Commissioner, Bhagalpur in Revenue Revision Case No. 15/2010-11, order dated 17.06.2010 passed by the Collector, Bhagalpur in Pre-emption Appeal No. 25/2006-07 as well and the order dated 28.07.2006 passed by the Deputy Collector Land Reforms, Naugachia in Pre-emption Case No. 04/2005-06/12 of 2006-07, have been quashed and the matter has been remitted back to the court of Deputy Collector Land Reforms, Naugachia to pass order afresh after taking the evidence from both sides and after making spot inspection of the plot in question.

(2.) Mr. Vishwanath Prasad Singh, learned Senior Counsel appearing for the appellant submitted that the learned Single Judge has passed the order without looking into the recital of the sale deed, in which the occupation of the appellant is mentioned as housewife. He has failed to appreciate that the appellant is a landless lady. He has further failed to appreciate that the land in question was purchased for commercial purpose for stalling Petrol Pump by the appellant for her livelihood and the nature of land is not agricultural or horticultural or homestead rather the same is commercial. His further contention is that the learned Single Judge did not appreciate that the private respondents are not co-sharers and adjacent raiyats of the land in question. They did not produce any evidence regarding their claim of pre-emption before the Deputy Collector Land Reforms, Naugachia. Having made the aforesaid submissions, learned Senior Counsel has drawn our attention towards the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019, (for short 'The Amendment Act, 2019') by which sub-Section-(3) of Section-16 has been added. He contended that in view of the Amendment Act, 2019, all proceedings under sub-Section-(3) of Section 16 pending before the different authorities shall be deemed to be abated. In that view of the matter, no application under sub-Section-(3) of Section 16 of the Bihar Land Ceiling Act, 1961 shall be maintainable.

(3.) Mr. Abdul Mannan Khan, learned advocate appearing for the respondents no. 5 to 7 submitted that the Amendment Act, 2019 came into effect after the order impugned dated 03.04.2017 was passed by learned Single Judge. In that view of the matter, the order impugned cannot be held to be bad. He has further contended that since the findings of the authorities in the court below was based merely on the pleadings of the appellant, the learned Single Judge rightly allowed the writ petition by quashing the orders passed by the Deputy Collector Land Reforms, the Collector, Bhagalpur as well as Commissioner, Bhagalpur.