2006 Supreme(Pat) 40

PATNA HIGH COURT
Narayan Roy, J.
Most.Uttam Raj Kuer
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2480 of 1989 ;
Decided On : JANUARY 10, 2006

The order passed by the authorities under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 would not affect the right, title, and interest of the parties unless a contrary decision is rendered by the competent civil court in any suit filed by either of the parties.

Headnote:

Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 - Writ Application - Effect of order passed by authorities under the Act on the right, title, and interest of the parties

Fact of the Case:

The writ application arose from an order passed by the authorities under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The petitioners were not dispossessed, and the proceeding under the Act had been denotified.

Finding of the Court:

The court found that the order passed by the authorities under the Act would not affect the right, title, and interest of the petitioners unless a contrary decision is rendered by the competent civil court in any suit filed by either of the parties.

Issues: Effect of order under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 on the rights of the parties

Ratio Decidendi: The order passed by the authorities under the Act would not affect the right, title, and interest of the petitioners unless a contrary decision is rendered by the competent civil court in any suit filed by either of the parties.

Final Decision: The application is disposed of with the direction/observation that the order passed by the authorities under the Act would not affect the right, title, and interest of the petitioners unless a contrary decision is rendered by the competent civil court in any suit filed by either of the parties.