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2018 Supreme(Pat) 1092

RAJENDRA MENON, RAJEEV RANJAN PRASAD
Maheshwar Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Yogendra Mishra, Adv., Anjani Kumar, Adv., Amit Kumar Jha, Adv., Vishwajeet Kumar Mishra, Adv.

JUDGMENT :

Rajeev Ranjan Prasad, J.

This writ application has come up for a fresh consideration by virtue of the order dated March 28, 2017 passed by Hon'ble Supreme Court of India in Civil Appeal No. 4726/2017 (arising out of SLP(Civil) No. 3821/2015 [State of Bihar and Ors. Vs. Maheshwar Mandal and Ors. Vs.]).

2. On perusal of the order passed by the Hon'ble Supreme Court it appears that while challenging the judgment dated 24.06.2014 passed by the then Hon'ble Division Bench in this case an impression was given to the Hon'ble Apex Court that in the writ petition before this court, there was no challenge to the vires of any of the provisions of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as the "Act, 2009") and only in course of hearing of the writ petition, arguments were advanced questioning the validity of the provisions of the Act, 2009 and the Hon'ble Division Bench of this court had decided the validity of certain provisions of the Act, 2009 and declared them to be unconstitutional, without there being any pleadings to that effect.

3. We are constrained to record that apparently a wrong submission was made before the Hon'ble Apex Court and what was a




















































































































































































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