Patna High Court - Orders
Praduman Soren vs Jib Lal Das & Ors on 4 August, 2014
Bench: Chief Justice, Jayanandan Singh, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1097 of 1998
In
Civil Writ Jurisdiction Case No. 2379 of 98
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Praduman Soren, son of Late Kishun Soren, resident of village Mathura
Tola-Ambatari, P.S. Chandan, District Banka
.... .... Respondent/Appellant
Versus
1. Jib Lal Das son of Late Darogi Das, resident of village Bagra, P.S.
Chandan, P.O. Bhairoganj, District- Banka
.... Petitioner .... Respondent 1st Party
2. The Additional Collector, Banka
3. The Circle Officer, Chandan, District- Banka
4. The State of Bihar.
.... Respondents ..... Respondents 2nd party
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with
Letters Patent Appeal No.1098 of 1998
IN
Civil Writ Jurisdiction Case No. 2146 of 98
======================================================
Praduman Soren, son of Late Kishun Soren, resident of village Mathura
Tola-Ambatari, P.S. Chandan, District Banka
.... .... Respondent/ Appellant
Versus
1. Chaiti Mahto @ Chaitu Yadav son of Late Nemani Mahto, resident of
village Bagra, P.S. Chandan, P.O. Bhairoganj, District- Banka
.... Petitioner .... Respondent 1st Party
2. The Additional Collector, Banka
3. The Circle Officer, Chandan, District- Banka
4. The State of Bihar.
.... Respondents ..... Respondents 2nd party
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Appearance :
(In LPA No.1097 of 1998)
For the Appellant/s : Mr. Durga Nand Jha
Mr. Vijay Shanker Jha
For the Respondent/s : Mr. Din Bandhu Singh, GP IX
(In LPA No.1098 of 1998)
For the Appellant/s : Mr. Durga Nand Jha
Mr. Vijay Shanker Jha
For the Respondent/s : Mr. Din Bandhu Singh, GP IX
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JAYANANDAN SINGH
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
Patna High Court LPA No.1097 of 1998 (10) dt.04-08-2014
2/3
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 04-08-2014These two Appeals under Clause 10 of the Letters Patent have been preferred by the respondents in C.W.J.C. No.2146 of 1998 and C.W.J.C. No.2379 of 1998 against common order dated 28th July, 1998 made by the learned single Judge.
Matter at issue is the transfer of agricultural lands. The concerned transfer was admittedly made in contravention of Section 49(c) of the Bihar Tenancy Act, 1885. The said transfer being in violation of Section 49(c) of the Bihar Tenancy Act, same was set aside by the revenue authorities on 13th November 1997. Feeling aggrieved, the transferee approached this Court in above writ petitions. Learned single Judge has relied upon the judgment of five Judges Bench in the matter of Bhageran Thakur Vs. Kewal Singh & Ors. (1969 PLJR 30) to set aside the order of the revenue authorities made on 13th November 1997. Feeling aggrieved, the concerned respondents have preferred these Appeals.
Section 49(c) of the Bihar Tenancy Act, 1885 has been held ultra vires Article 19(1)(f) of the Constitution in the above referred judgment in the matter of Bhageran Thakur.
A Division Bench of this Court, under order dated 13th August 2007 has referred the matter to the Full Bench. View of the Division Bench was that Article 19(1)(f) having been omitted by 44th Amendment of the Constitution, matter requires to be re-considered.
In the matter of Bhageran Thakur, the five Judges Bench of this Court has held in no uncertain terms that "Section 49(c) of the Act be held to be ultra vires the Constitution as infringing the fundamental right enshrined in Article 19(1)(f) of the Constitution and, thus void". Section 49(c) having been Patna High Court LPA No.1097 of 1998 (10) dt.04-08-2014 3/3 struck off from the Statute, the said Section 49(c) would not be automatically revived after omission of Article 19(1)(f) of the Constitution under 44th Amendment of the Constitution. Reference made to the Full Bench is unwarranted. Impugned order of the learned single Judge, made following the aforesaid judgment in the matter of Bhageran Thakur, has to be upheld.
Appeals are devoid of any merit. Appeals are accordingly dismissed.
Registry will maintain copy of this order in each Letters Patent Appeal.
(R.M. Doshit, CJ) (Jayanandan Singh, J) (Ashwani Kumar Singh, J) Pradeep/-
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