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2022 Supreme(SC) 18

HEMANT GUPTA, S.RAVINDRA BHAT
Punyadeo Sharma – Appellant
Versus
Kamla Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rakesh Khanna, Mr. Pavan Kumar, Ms. Neelam.
For the Respondents: Mr. S.B. Upadhayay, Mr. Ravi Chandra Prakash, Mr. Purushottam Sharma Tripathi, Mr. Mukesh Kumar Singh, Mr. Rajiv Kumar, Mr. Nishant, Mr. Abhinav Mukerji, Ms. Bihu Sharma, Ms. Pratishtha Vij, Mr. Akshay C. Shrivastava.

ORDER :

1. Leave granted.

2. The challenge in the present appeals is to an order passed by the High Court of Judicature at Patna on 11.4.2016 whereby the intra-court appeals directed against an order of the learned Single Bench of the High Court passed on 27.7.2004 were not interfered with.

3. The appellants are purchasers of the land in question vide sale deed dated 9.2.1990. The sale deed was presented for registration but the registration was completed on 7.1.1992. The proceedings for pre-emption of the land were initiated in terms of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 19611 [for short the ‘Act’] on 31.3.1992.

4. The question examined by the Division Bench of the High Court was whether an application for pre-emption was filed within three months of the registration as required by Section 16(3) of the Act or was it required to be filed within three months of the day of execution of the sale deed i.e. 9.2.1990. However, the said question does not survive for consideration in view of the subsequent development whereby the right of pre-emption itself has been taken away by the Bihar Act No. 6 of 2019 when the Act was a

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