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2017 Supreme(Pat) 282

HEMANT GUPTA, ANJANA MISHRA, SUDHIR SINGH
Laxmi Narain Singh, S/o Late Satyadeo Singh – Appellant
Versus
Addl. Member Board of Revenue, Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Keshav Shrivastava, Senior Advocate and Sarbottam Kumar, Advocate
For the Respondents:A.R. Pandit, A.A.G. 15., Rakesh Kumar Singh, Advocate

JUDGMENT :

Sudhir Singh, J.

1. Whether re-examination of the view, expressed by the Full Bench of this Court, in the case of Yugal Kishore Singh v. State of Bihar (AIR 1985 Patna 265 : 1985 PLJR 554) is necessary, in the light of the provisions of The Benami Transactions (Prohibition) Act, 1988, being the core 'issue' formulated by the Division Bench of this Court, which necessitates this reference to the Full Bench.

2. These two writ petitions are closely connected on facts and 'matter in issue', thus both of the writ petitions have been placed before the Full Bench, under reference, for analogous hearing.

3. Since the petitioners have raised plea of Benami ownership regarding the transferred land, therefore, the Division Bench of this Court taking into consideration the 'Prohibitions', envisaged under Benami Transactions (Prohibition) Act, 1988, has referred the matter for adjudication of 'issue' indicated above.

4. Primarily, we would like to take notice of the 'view' expressed by the Full Bench of this Court in the case of Yugal Kishore Singh (Supra), in respect of, scope of adjudication of 'Benami ownership' under the proceedings of Section 16 (3) of the Bihar Land Reforms (Fixatio











































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