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Patna High Court

Bechon KoharversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is held to be infructuous and is dismissed, with an order for refund of the deposited amount.

Summary

The petitioners, members of the Kohar family, filed a writ petition challenging the Bihar Land Tribunal’s order of abatement in a pre‑emption case and the repeal of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, alleging procedural irregularities, violation of natural justice and infringement of their rights under the Hindu Succession Act. They sought certiorari to quash the tribunal’s order, a declaration that the amendment could not override their statutory rights, and a refund of the amount deposited. The respondents, the State of Bihar and its officials, defended the validity of the repeal and the tribunal’s order. The Court observed that due to a change in the law and circumstances relating to the pre‑emption matter, the petition had become infructuous. Consequently, the Court ordered the refund of the deposited amount and dismissed the writ petition as infructuous, without addressing the substantive merits.

Issues considered

  • Whether the order of the Bihar Land Tribunal in the pre‑emption case can be quashed.
  • Whether the repeal of Section 16(3) of the Bihar Land Reforms (Ceiling) Act without prescribed procedure is valid.
  • Whether the amendment of Section 16(3) can abrogate the petitioners’ rights under the Hindu Succession Act.
  • Whether the petitioners were denied natural justice in the repeal process.

Legislation cited

Subjects

  • writ of certiorari
  • land ceiling
  • pre‑emption
  • statutory repeal
  • natural justice
  • Hindu Succession Act
  • infructuous petition
  • refund

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17412 of 2019
                 ======================================================
           1.     Bechon Kohar S/o Dubari Kohar Resident of Village-Nonar,Post
                  Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
           2.    Ramadhar Kohar @ Barhu Kohar S/o Late Dubari Kohar Resident of
                 Village-Nonar,Post Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
           3.    Sukhari Kohar S/o Late Dubari Kohar Resident of Village-Nonar,Post
                 Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
           4.    Mahatim Kohar S/o Late Phulchand Kohar Resident of Village-Nonar,Post
                 Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    The Collector, Kaimur at Bhabua
           3.    The Deputy Collector Land Reforms, Mohania,Kaimur
           4.    Shyed Baboo S/o Sukrullah Dhobi Resident of Village-Nonar,Post
                 Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua
           5.    Thagni Devi W/o Late Miraza Kohar, Resident of Village-Nonar,Post
                 Chhewari,PS Ramgarh, Dist.Kaimur at Bhabua

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ajay Kumar Tiwari, Adv.
                 For the Respondent/s   :        Mr. Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) For issuance of appropriate
                                            writ or writs cin the nature of Writ of
                                            Certiorari' for quashing /setting aside the
                                            order dated 28.03.2019 passed in Pre-
                                            emption BLT Case No. 808/2017 passed by
                                            Hon'ble Mr. Justice V. Nath, Chairman,
Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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                                 Bihar Land Tribunal, Patna as dismissed as
                                 abated       in    the      following   facts   and
                                 circumstances of the case.
                                              (ii) For issuance of appropriate
                                 writ or writs in the nature of Writ of
                                 Certiorari' for quashing /setting aside the
                                 order contained in Resolution No. LG-01-
                                 15/2018/1569/            dated   25.02.2019,    also
                                 published in Bihar Gazette [Ext.-ord.]
                                 No.279 dated 25.09.2019, issued by the
                                 Department of Law, Govt. of Bihar whereby
                                 and where under the Sub Section (3) of
                                 Section 16 of the Bihar Land Reforms
                                 (Fixation of Ceiling Area and Acquisition of
                                 Surplus Land ) (Amendment) Act, 2019 has
                                 been repealed without following procedure
                                 like discussions, debate, seminars, work-
                                 shops or proper Referendums of the Act of
                                 1961 and the facts and circumstances of the
                                 present case in question that means Sec. 16
                                 (3) of the Land Ceiling Act, 1961 has been
                                 repealed without circulating knowledge,
                                 debate, discussion /public mandate and as
                                 such highly volatile and against the spirit of
                                 fundamental, human and natural rights of
                                 the petitioners curtailing the provisions of
                                 the Hindu Succession Act against the
                                 petitioners.
                                              (iii) For a Declaration that the
                                 present amended provision of Section 16 of
Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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                                 the Bihar Land Ceiling Act, 1961 can not
                                 abrogate amend the substantive Statutory
                                 Right under Hindu Succession Act of the
                                 petitioners and as such Learned Tribunal
                                 while passing the order of abatement could
                                 have transferred the present matter before
                                 competent         Civil        Court    for        proper
                                 adjudication of the case.
                                              (iv) For a declaration that the
                                 petitioners are fighting over the issues since
                                 many years and they have won their claim in
                                 different competent courts in their favour.
                                              (V) For a declaration that there is
                                 great violation of Natural justice as well as
                                 Human justice as petitioners were never
                                 approached/ contacted and the present
                                 provision       of       law    initiated     by    state
                                 government is highly unjust, improper,
                                 incorrect, malicious, and above all not
                                 susatained in the eye of law.
                                              (vi) To hold and declare that the
                                 instant matter of repeal of Act in question is
                                 firstly to be circulated, discussed and
                                 thereafter, it could have been decided after
                                 proper knowledge and consent of general
                                 people.
                                              vii. For a declaration that existing
                                 provision of Act under section 16(3) of the
                                 Ceiling Act is correct, bonafide and should
                                 be restored at ones for the ends of justice.
           Patna High Court CWJC No.17412 of 2019(3) dt.07-01-2026
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                                                         viii. For grant of any other relief
                                            or reliefs if the petitioners are found entitled
                                            for.
                                 3. Learned counsel for the petitioner submit that with

                     the changed circumstance/law relating to pre-emption matter,

                     the writ petition has become infructuous. However, the amount

                     deposited be directed to be returned.

                                 4. Granting said liberty to get the refund, the writ

                     petition is disposed of as infructuous.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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