Patna High Court - Orders
Ramkrit Singh And Ors vs The State Of Bihar And Ors on 19 September, 2019
Author: Amreshwar Pratap Sahi
Bench: Chief Justice, Chakradhari Sharan Singh, Anjana Mishra, Ashutosh Kumar, Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2502 of 1988
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Most. Prabhawati Kumari, wife of Late Baccha Singh, R/o village & P.O.
Bangra Phiroz, P.S. Baruraj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 1361 of 1977
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RamKrit Singh And Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 2502 of 1988)
For the Petitioner/s : Mr.Ranjna Sinha
For the Respondent/s : Mr. Pushkar Narayan Shahi, A.A.G. 6,
Mr. Kinkar Kumar, S.C. 9,
Mr. Sushant Praveer, AC to SC 9
Mr. Yogesh Kumar, AC to SC 9
(In Civil Writ Jurisdiction Case No. 1361 of 1977)
For the Petitioner/s : Mr. Kamal Naya Choubey, Sr. Adv.
Mr. Ramanuj Sinha, Adv.
For the Respondent/s : Mr. Prabhakar Jha, G.P. 27,
Mr. Mukund Mohan Jha, AC to G.P. 27,
Mr. Umesh Narayan Dubey, AC to G.P.27
Mr. Shankar Kumar Thakur, AC to G.P.27
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE JUSTICE SMT. ANJANA MISHRA
and
HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
Patna High Court CWJC No.2502 of 1988(10) dt.19-09-2019
2/4
10 19-09-2019The Bench had to be re-constituted as one of the Hon'ble Judges (Hon'ble Justice Sanjay Priya) has demitted the office. The matter had to be listed as certain inadvertent errors occurring in the judgement had to be rectified.
We have perused the records in Chambers with the assistance of the learned counsel present and we, accordingly, direct that the following portion occurring in the judgment of one of us (Hon'ble Justice Chakradhari Sharan Singh) shall stand deleted:
"61.
This is not to be forgotten that the challenge to the above noted provisions of the Act, in the case of Ramkrit Singh (supra), was on the ground of the same being violative of Article 14 of the Constitution of India. In view of the subsequent development of inclusion of the Act in the Ninth Schedule of the Act cannot be tested on the touchstone of Article 13 or 14 of the Constitution of India, as has been already been discussed in the beginning.
62. This takes me to the Full Bench decision, in the case of Kalika Kuer alias Kalika Singh v. The State of Bihar (supra).
63. The most significant aspect of the Full Bench decision, in the case of Kalika Kuer alias Kalika Singh v. The State of Bihar (supra), is that Hon'ble Mr. Justice P.S. Misra (as he then was) held, in paragraph 102 (5), that Patna High Court CWJC No.2502 of 1988(10) dt.19-09-2019 3/4 Sections 15 (1) and 15 (2) of the Act were ultra vires Articles 13 and 14 of the Constitution of India insofar as they declared certificate of transfer to be conclusive proof of the raiyat to be the transferee of the holding or that of the under-raiyat therein. Hon'ble Mr. Justice S.B. Sinha (as he then was) held, while agreeing with the opinion of Hon'ble Misra, J. that the said provisions was violative of Article 300A of the Constitution of India. Hon'ble Mr. Justice S. Hoda (as he then was) recorded his agreement with the judgment of Justice P. S. Misra.
64. The conclusions arrived at by Misra, J., in paragraph 102, are as under:"
The following portion occurring in the judgement of one of us (Hon'ble Justice Rajeev Ranjan Prasad) shall also stand deleted:
"78. It seems, the judgment of the Hon'ble Supreme Court in the case of Satyanarayan Prasad Sah (supra) and Bibi Rahmani Khatoon (supra) were not brought to the notice of the Hon'ble Full Bench hearing the case of Kalika Kuer (Supra)."
The names of Mr. Pushkar Narayan Shahi, A.A.G. 6, Mr. Kinkar Kumar, S.C. 9, Mr. Sushant Praveer, AC to SC 9 and Mr. Yogesh Kumar, AC to SC 9 appearing for the State in C.W.J.C. No.2502 of 1988 and the names of Mr. Kamal Naya Choubey, Sr. Adv. and Mr. Ramanuj Sinha, representing the petitioners and Mr. Prabhakar Jha, G.P. 27, Mr. Mukund Mohan Jha, AC to G.P. 27, Mr. Umesh Narayan Dubey, AC to G.P.27 Patna High Court CWJC No.2502 of 1988(10) dt.19-09-2019 4/4 and Mr. Shankar Kumar Thakur, AC to G.P.27 representing the State in C.W.J.C. No.1361 of 1977 shall also be shown in the report of the judgement as counsel for the respective parties.
(Amreshwar Pratap Sahi, CJ) ( Chakradhari Sharan Singh, J) ( Anjana Mishra, J) ( Ashutosh Kumar, J) ( Rajeev Ranjan Prasad, J) K.C.Jha/-
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